Terms and conditions
Our mission is to connect professionals from all over the world to offer world-class marketing and services to SME target clients. The Kiki Pages (“Services”) are intended to assist Freelancers in being selected by the agency or by their clients, partners, project managers to take on an hourly or project-based assignment and more, to provide such Organizations with the to connect and to offer important information to the Users themselves.
By registering on our agency site, you agree to enter into legally binding contractual terms between Kiki Marketing, INC (as defined below and also referred to as “we”, “us” and “our”) and the User (as defined below) represented by the Profile Page. The term “User” means the person represented by your Page, which could be a legal entity or you, if you run the business as an individual (e.g., sole proprietorship). You further represent and warrant that you are authorized to enter into such terms on behalf of the Organization (collectively with the Organization, you and any other Administrators, as applicable, "You").
If you do not accept this Agreement (the “Agreement” or the “Terms of Service”), you will not be able to register as a Freelancer or access or otherwise use our Services (including allowing you to create or claim a Page or to continue to be its Administrator).
You agree to use the Kiki Marketing Services only in accordance with these Terms of Service.
2.1 Administrators. The term "Administrator" means a User registered with the Kiki Marketing Services as "administrator" of the Page (or added as such). Learn more about Administrators. You acknowledge and agree that:
- the Page must have at least one Page Admin;
- each Page Administrator must be a currently registered Kiki Marketing.com User (“User”) and with correct contact information.
2.2 Name Changes and Mergers. Subject to Section 4, you agree to accurately represent the identity of the Organization on the Page and to promptly update any changes to the name of the Organization, including changes resulting from a merger, acquisition or other reorganization. Please contact us with any Page inquiries.
2.3 Content and Conduct. Additionally, you agree to:
- comply with the “Permitted Activities” and the “Prohibited Activities” and to keep the content professional, respectful, relevant and accurate;
- publish only truthful content that does not violate the rights of others;
- use the Kiki Marketing Services only to identify and promote the Organization;
- ensure that the Organization runs a legal business, in compliance with applicable laws;
- ensure that all actions of the Organization (including those performed by Administrators) in relation to the Page (e.g., posts, additions and deletions) comply with applicable laws.
2.4 Data Policy Compliance.
2.5 About Your Personal Page. The provision of information available to Administrators in the Analysis tab of the Page ("Page Information"), if any, is subject to our Page Information Joint Controller Addendum (the "Page Information Addendum"). ice"), which is part of these Terms of Service.
Kiki Marketing has the right, at its sole discretion, to refuse any personalized question. Typically, you or an authorized third party may have access to Form Data through Kiki Marketing for 90 days, and it is your or the third party's responsibility to promptly obtain a copy and save it on your behalf.
3.1 License. You grant Kiki Marketing (and its affiliates) a non-exclusive, worldwide, royalty-free, sublicensable and transferable license to use, copy, modify, distribute and publish any content that you provide to Kiki Marketing. The previous license continues even after the termination of this Agreement, with respect to the content provided before the termination. You represent and warrant that you own or have all necessary rights (including intellectual property rights) in and to such content (including the right to grant the license previously mentioned).
3.2 Feedback and reservations of rights. If you choose to provide suggestions and feedback to Kiki Marketing, you agree that Kiki Marketing (and its affiliates) may (but need not) use and share such feedback for any purpose without compensation to you. You may not disclose any related information to User metrics or demographics. Kiki Marketing (and its affiliates) reserves all intellectual property rights in the Kiki Marketing Services.
Page Service Limits
You acknowledge and agree that:
- the identity and actions relating to the Page of any Administrator may be visible to others, including visitors and other Page Administrators;
- we reserve the right to add or terminate any Administrator's access to the Kiki Marketing Services (including Page administration), at any time and in our absolute discretion;
- we may change or discontinue any of our Services, including the Kiki Marketing Services. Furthermore, Kiki Marketing reserves the right to remove any Page from the Kiki Marketing Services, at any time and without notice, including all or part of the content of the Page;
- we may edit the Page in accordance with our policies. For example, we may change the Organization name on the Page and add clarifying statements to the Page to address user confusion or conflicting trademark rights. In addition, Kiki Marketing may (a) restrict any name changes and is under no obligation to perform any such changes, mergers or other requests, and (b) determine how name changes will be represented in profiles and other references to the Organization or the Kiki Marketing Services;
- We are not obligated to post any information or content on our Kiki Marketing Services (or other Services) and we may remove such information or content in our sole discretion, with or without notice. It is possible that the laws require Kiki Marketing to remove certain information or content in some countries;
Modification and Termination.
5.1 Modification of the Agreement. Kiki Marketing reserves the right to modify this Agreement from time to time. In the event that we make material changes to the Agreement, we will try to notify you via our Kiki Marketing Services (or otherwise), to give you an opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If you object to any modification, you may terminate this Agreement (subject to Section 5.2); however, if you do not terminate this Agreement, your continued use of the Kiki Marketing Services following the posting or notification of changes to these Terms and Conditions will constitute your agreement to the updated Terms and Conditions.
5.2 Termination of Agreement. If you wish to terminate this Agreement, you may do so at any time (1) by removing all Page Administrators, including yourself (and others, if applicable); (2) deactivating the Page; (3) closing your Kiki Marketing account, if you are the sole Administrator and/or (4) informing Kiki Marketing through the contact form. Kiki Marketing has no obligation to deactivate the Page (even after termination). Kiki Marketing may terminate this Agreement by deactivating the Page and/or notifying at least one Administrator or, otherwise, the Organization. Sections 2.4-10 survive termination.
Disclaimer of Warranty
Kiki Marketing MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE Kiki Marketing SERVICES, INCLUDING THAT THE Kiki Marketing SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. TO THE FULLEST EXTENT PERMITTED BY LAW, Kiki Marketing AND ITS AFFILIATES DISCLAIM ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
7.1 WAIVER OF DAMAGES. NOT LIMITING TO SECTION 7.3, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER Kiki Marketing NOR ITS AFFILIATES SHALL BE LIABLE TO YOU IN CONNECTION WITH THE Kiki Marketing SERVICES FOR LOSS OF PROFITS OR BUSINESS OPPORTUNITIES AND LOSS OF DATA OR FOR ANY CONSEQUENTIAL DAMAGES, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE.
7.2 LIMIT TO AMOUNT FOR LIABILITY. PURSUANT TO SECTION 7.3 AND TO THE FULLEST EXTENT PERMITTED BY LAW, Kiki Marketing AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU IN CONNECTION WITH Kiki Marketing SERVICES IN AN AMOUNT EXCEEDING US$2 (two).
7.3 EXCLUSIONS. THE LIMITATIONS OF LIABILITY SET FORTH IN SECTIONS 7.1 AND 7.2 SHALL NOT APPLY TO Kiki Marketing’s LIABILITY FOR FRAUD, GROSS NEGLIGENCE, OR WILLINGLY MISCONDUCT OR TO ITS LIABILITY FOR DEATH OR PERSONAL INJURY.
Entity and Dispute Resolution
8.1 Kiki Marketing Entity. You are entering into this Agreement with Kiki Marketing INC (if you are an individual resident outside the Designated Countries or a business entity with its principal place of business or headquarters located outside the Designated Countries), Middletown 19709 New Castle USA, United States. The term "Designated Countries" means the countries of the European Union (EU), the countries of the European Economic Area (EEA) and Switzerland.
8.2 Governing Law. If you have a problem with this Agreement and if the contracting Kiki Marketing entity is (a) Kiki Marketing INC, the Agreement will be governed by the laws of the State of Delaware and any action or proceeding (including those arising in litigation or tort) relating to the Agreement shall be filed in federal or state court located in New Castle County, Delaware, United States. Each party irrevocably submits to the applicable jurisdiction and venue. The successful party in any dispute may seek reimbursement of attorneys' fees and costs.
You will not rely on any undertaking, promise, assurance, representation, representation, warranty or personal understanding relating to the subject matter of the Contract, except as stated in the Contract. We reserve the right to send you a notice within the Kiki Marketing Services or through the contact information of one or more Administrators provided to us (e.g. email, mobile phone number, physical address of an Administrator or the Organization). You agree to keep your contact information up to date. Kiki Marketing accepts any procedural notifications at the address indicated here. Any notices you provide not in accordance with this Section will have no legal effect. If we fail to act on a breach of this Agreement, that does not mean that Kiki Marketing has waived its right to enforce this Agreement. The Contract does not involve the creation of partnership, agency or joint venture relationships between the parties. Neither party has the power or authority to bind the other or to create any type of obligation or liability on behalf of the other. Under no circumstances will employees of one party be considered employees of the other. You have no right to assign this Agreement, in whole or in part, without Kiki Marketing's prior written consent. Any attempted assignment in violation of this restriction will be void. The Agreement will be binding upon and inure to the benefit of the parties and their respective successors and authorized assigns. If this Agreement is translated into a language other than English, the translation is provided for convenience only and the English language version will prevail. Kiki Marketing may remotely monitor your use of the Kiki Marketing Services to ensure compliance with this Agreement. If any provision of the Agreement is unenforceable, that provision will be modified to make it enforceable to the extent practicable to give effect to the intentions of the parties and the remaining provisions will not be affected.