Kemi Terms of Service

 

Last Updated: March 4, 2023

 

Welcome to Kemi! Kemi is a platform to meet new people from all over the world and discovering exciting travel opportunities! Whether you're looking for a locals, a language exchange partner, or just a fun travel buddy, our app and website has got you covered.

These terms of service (“Terms”) apply to any user (“User” or “You”) using the current and future versions of the global socializing service (“Kemi”) owned and provided by Bgoos, Inc. (the “Company”, “We” or “Us”). PLEASE CAREFULLY READ THESE TERMS BEFORE USING OUR SERVICE. TERMS APPLY TO ALL USERS WHO USE THE SERVICE AS REGISTERED OR NON-REGISTERED . BY ACCESSING AND USING KEMI, YOU AGREE TO BE BOUND BY THE TERMS SET FORTH HEREIN, THE AMENDED TERMS PURSUANT TO THE TERMS, AND THE USER GUIDELINES ESTABLISHED PERSUANT TO THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF KEMI.

 

These Terms of Use (“Terms”) apply to your access to and use of any website, mobile application or other online or mobile product or service (collectively, the “Services”) of Bgoos, Inc. (“Kemi,” “we” or “us”). If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity will be responsible for your violation of these Terms. Failure to use our Services in accordance with these Terms may result in, among other things, termination or suspension of your rights to use the Services and may subject you to legal action by Kemi and/or severe civil and/or criminal penalties.

 

We reserve the right to make changes or modifications to these Terms, or any policy or guideline of our Services, at any time and in our sole discretion. If Kemi makes changes to these Terms, we will provide notice of such changes, including by revising the date at the top of these Terms. In certain circumstances, we may notify you of a change to the Terms via email or other means; however, you are responsible for regularly checking this page for any changes. Your continued use of our Services following the posting of changes or modifications will constitute your acceptance of such changes or modifications. Accordingly, you should frequently review these Terms and applicable policies and guidelines to understand the terms and conditions that apply to your use of the Services.

 

Please refer to our Privacy Policy for information about how Kemi collects, uses and discloses information about our members. In addition, by accessing or using our Services, you agree to adhere to the Community Guidelines.

 

Please Contact Us with any questions regarding these Terms.  support@kemi.ai

 

 

1. Your Access to the Services

 

No one under 18 is allowed to use or access the Services. We may offer additional Services that require you to be older to use them, so please read all notices and any Additional Terms carefully when you access the Services.

By using the Services, you state that:

You are at least 18 years old and over the minimum age required by the laws of your country of residence to access and use the Services;

You can form a binding contract with Kemi, or, if you are over 18 but under the age of majority in your jurisdiction, that your legal guardian has reviewed and agrees to these Terms;

You are not barred from using the Services under all applicable laws; and

You have not been permanently suspended or removed from the Services.

If you are accepting these Terms on behalf of another legal entity, including a business or government entity, you represent that you have full legal authority to bind such entity to these Terms.

 

 

2. Privacy

 

Kemi’s Privacy Policy explains how and why we collect, use, and share information about you when you access or use our Services. You understand that through your use of the Services, you consent to the collection and use of this information as set forth in the Privacy Policy.

 

 

3. Account Information and Security

 

When you register, you provide us with some basic information, including an email address and a password. Keep your email address and other account information current and accurate. Also, you agree to maintain the security and confidentiality of your password (or else we may need to disable your account). We strongly encourage you to choose a strong and unique password that is not shared with any other account or online service and practice other healthy password security habits to help avoid unauthorized access to your account. You alone are responsible for anything that happens from your failure to maintain that security and confidentiality, such as by sharing your account credentials with others. If someone is using your password or accessing your account without your permission, email us at support@kemi.ai

 

 

4. Things You Cannot Do

 

Misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity;

Use the Services in a way that damages the Services or prevents their use by other users;

Use our Services in a way to interfere with, disrupt or negatively affect the platform, the servers, or our Services’ networks;

Use our Services for any harmful, illegal, or nefarious purpose;

Harass, bully, stalk, intimidate, assault, defame, harm or otherwise mistreat any person;

Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission;

Solicit money or other items of value from another user, whether as a gift, loan, or form of compensation;

Use another user’s account;

Use our Services in relation to fraud, a pyramid scheme, or other similar practice; or

Disclose private or proprietary information that you do not have the right to disclose;

Copy, modify, transmit, distribute, or create any derivative works from, any Member Content or Our Content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through our Services without Kemi’s prior written consent;

Express or imply that any statements you make are endorsed by Kemi;

Use any robot, crawler, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of our Services or its contents;

Upload viruses or other malicious code or otherwise compromise the security of our Services;

Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our Services;

“Frame” or “mirror” any part of our Services without Kemi’s prior written authorization;

Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of our Services, or cause others to do so;

Use or develop any third-party applications that interact with our Services or Member Content or information without our written consent;

Use, access, or publish the Kemi application or website programming interface without our written consent;

Probe, scan or test the vulnerability of our Services or any system or network;

Encourage, promote, or agree to engage in any activity that violates these Terms; or

Create a new account after we suspend or terminate your account, unless you receive our express permission.

The license granted to you under these Terms and any authorization to access the Services is automatically revoked in the event that you do any of the above.

 

 

5. Your Content

 

Kemi enables you to add posts, texts, photos, videos, links, and other files and information about yourself to share with others. All material that you upload, publish or display to others via Kemi will be referred to collectively as “Your Content.” You acknowledge and agree that, as part of using Kemi, Your Content may be viewed by the general public.

 

Ownership. You, or your licensors, as applicable, retain ownership of the copyright and other intellectual property in Your Content, subject to the non-exclusive rights granted below.

 

License and Permission to Use Your Content.

By submitting, posting, or displaying Your Content on Kemi, you grant Kemi and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable (through multiple tiers), license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, store, display and distribute, translate, communicate and make available to the public, and otherwise use Your Content in connection with the operation or use of Kemi or the promotion, advertising or marketing of Kemi or our business partners, in any and all media or distribution methods (now known or later developed), including via means of automated distribution, such as through an application programming interface (also known as an “API”). You agree that this license includes the right for Kemi to make Your Content available to other companies, organizations, business partners, or individuals who collaborate with Kemi for the syndication, broadcast, communication and making available to the public, distribution or publication of Your Content on Kemi or through other media or distribution methods. This license also includes the right for other users of Kemi to use, copy, reproduce, adapt, modify, create derivative works from, publish, transmit, display, and distribute, translate, communicate and make available to the public Your Content, subject to our Terms of Service. Except as expressly provided in these Terms of Service, this license will not confer the right for you to use automated technology to copy or post contents or to aggregate contents for the purpose of making derivative works.

 

Kemi may remove suspected spam from your post. Once you post a content, it may be edited or deleted by kemi at any time. Any edits and changes made by you may be visible to other users. The right for Kemi to copy, display, transmit, publish, perform, distribute, store, modify, and otherwise use any your post, and sublicense those rights to others, is perpetual and irrevocable, to the maximum extent permitted by law, except as otherwise specified in this Agreement.

You acknowledge and agree that Kemi may preserve Your Content and may also disclose Your Content and related information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any of Your Content violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of Kemi, its users, or the public.

You understand that we may modify, adapt, or create derivative works from Your Content in order to transmit, display or distribute it over computer networks, devices, service providers, and in various media. We also may remove or refuse to publish Your Content, in whole or part, at any time.

You further give us the permission and authority to act as your nonexclusive agent to take enforcement action against any unauthorized use by third parties of any of Your Content outside of Kemi or in violation of our Terms of Service.

 

By posting Your Content on Kemi, you represent and warrant to us that: i) you have the ownership rights, or you have obtained all necessary licenses or permissions to use Your Content and grant us the rights to use Your Content as provided for under this Agreement, and ii) that posting Your Content violates no intellectual property or personal right of others or any applicable law or regulation, including any laws or regulations requiring disclosure that you have been compensated for Your Content. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others or violation of laws and regulations in connection with Your Content. You are responsible for ensuring that Your Content does not violate any applicable law or regulation. You agree to pay all royalties, fees, and any other monies owed to any person by reason of Your Content.

 

You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.

 

 If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We encourage you to use caution in disclosing any personal information online. Your individual profile will be visible to other people around the world, so be sure that you are comfortable sharing Your Content before you post.

 

 

6. Our Content

 

All intellectual property in or related to Kemi (specifically including, but not limited to our software, the Kemi marks, the Kemi logo, but excluding Your Content) is the property of Bgoos, Inc. or its subsidiaries and affiliates, or content posted by other Kemi users licensed to us (collectively “Our Content and Materials”)

 

All data Kemi collects (“Data”) about use of Kemi by you or others is the property of Bgoos, Inc. its subsidiaries, and affiliates. For clarity, Data does not include Your Content and is separate from Our Content and Materials.

 

We grant you a personal, limited, non-exclusive license to use and access Our Content and Materials and Data as made available to you on Kemi in connection with your use of Kemi, subject to the terms and conditions of this Agreement.

We may terminate our license to you at any time for any reason. We have the right but not the obligation to refuse to distribute any content on Kemi or to remove content. Except for the rights and license granted in these Terms of Service, we reserve all other rights and grant no other rights or licenses, implied or otherwise.

 

 

7. Intellectual Property

 

The Services are owned and operated by Kemi. The visual interfaces, graphics, design, compilation, information, data, computer code, products, services, trademarks, and all other elements of the Services (“Materials”) provided by Kemi are protected by intellectual property and other laws. All Materials included in the Services are the property of Kemi or its third-party licensors. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Materials or by purchasing Kemi Premium or Virtual Goods. Except as expressly authorized by Kemi, you may not make use of the Materials. Kemi reserves all rights to the Materials not granted expressly in these Terms.

 

 

8. Repeat infringer policy

 

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Kemi has adopted a policy of terminating, in appropriate circumstances and in Kemi’s sole discretion, members who are deemed to be repeat infringers. Kemi may also, in our sole discretion, limit access to the Services and/or terminate the accounts of any members who we believe may infringe any intellectual property rights of others, whether or not there is any repeat infringement.

 

 

9. Indemnity

 

Except to the extent prohibited by law, you agree to defend, indemnify, and hold Kemi, its affiliates, and their respective, directors, officers, employees, affiliates, agents, contractors, third-party service providers, and licensors harmless from and against any claim or demand made by any third party, and any related liability, damage, loss, and expense (including costs and attorneys’ fees) due to, arising out of, or in connection with: (a) your use of the Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) Your Content. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

 

 

10. Disclaimers and Limitation of Liability

 

Nothing in these Terms will prejudice the statutory rights that you may have as a user of the Services. Some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, LEGAL, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BGOOS, INC. DO NOT WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR FREE. KEMI DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON OR LINKED TO THE SERVICES OR THE ACTIONS OF ANY THIRD PARTY OR USER, INCLUDING MODERATORS. WHILE KEMI ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

FURTHERMORE, KEMI MAKES NO GUARANTEES AS  USERS’ ABILITY OR DESIRE TO COMMUNICATE WITH OR MEET YOU, OR THE ULTIMATE COMPATIBILITY WITH OR CONDUCT BY USERS YOU MEET THROUGH THE SERVICES.

IN NO EVENT WILL ANY OF BGOOS, INC. BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING THOSE ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE SERVICES THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR RESULTING LOSS OF DATA. IN NO EVENT WILL THE AGGREGATE LIABILITY OF BGOOS, INC. EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR ANY AMOUNT YOU PAID KEMI IN THE PREVIOUS SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF BGOOS, INC. HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

 

 

11. No criminal background or identity verification checks

Kemi does not conduct criminal background or identity verification checks on its users. Use your best judgment when interacting with others

YOU UNDERSTAND THAT KEMI DOES NOT CONDUCT CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. KEMI MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF USERS.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS.  ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE. COMMUNICATIONS RECEIVED THROUGH THE SERVICE, INCLUDING AUTOMATIC NOTIFICATIONS SENT BY KEMI, MAY RESULT FROM USERS ENGAGING WITH THE SERVICE FOR IMPROPER PURPOSES, INCLUDING FRAUD, ABUSE, HARASSMENT, OR OTHER SUCH IMPROPER BEHAVIOR.

Though Kemi strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person.

 

 

12. Ads and third-party content

Our Services may contain advertisements and promotions offered by third parties and links to other websites or resources. Kemi may also provide non-commercial links or references to third parties within its content. Kemi is not responsible for the availability (or lack of availability) of any external websites or resources or their content. Furthermore, Kemi is not responsible for, and does not endorse, any products or services that may be offered by third-party websites or resources. If you choose to interact with the third parties made available through our Services, such party’s terms will govern their relationship with you. Kemi is not responsible or liable for such third parties’ terms or actions.

 

 

13. Platform Modifications

 

We work hard to continuously improve our Platform. This means that we may modify or discontinue portions or all of our Platform with or without notice and without liability to you or any third party.

 

 

14. Termination

If you are in breach of these Terms, or any other policies or community standards we have in place from time to time, we may, in our discretion at any time: (a) terminate your access to our Services, (b) deactivate or delete your account and all related information and files in such account and/or (c) bar your access to any of such files or Services. In any of these instances, you are not permitted to register for another Kemi account without our prior written permission.

 

In rare circumstances, when we feel it is necessary to protect the safety or the well being of the Kemi community, we will remove a member’s account from our Services. We don’t take this decision lightly, but it is sometimes required.

 

 

15. Assignment

 

You are not allowed to assign any rights or obligations hereunder as your account is strictly personal to You. The Company is allowed, in accordance with procedures set forth in relevant laws and regulations, to assign any rights or obligations hereunder or regarding the Company Assets to any third party. In the event that the Company transfers the business related to Kemi to its affiliate, Your contractual position, rights and obligations under these Terms, and Your registration information and other user information shall be transferred to the transferee of the business, and You agree to such transfer. The business transfer stated in this Section shall include not only ordinary business transfer but also divestiture and other change of ownership or control.

 

 

 

16. Feedback

 

Any comments, suggestions, or feedback relating to Kemi and/or the Kemi App (“Feedback”) submitted by You to the Company shall become the property of the Company. The Company will have exclusive ownership of all rights to the Feedback. The Company will be entitled to use the Feedback for any commercial or other purpose whatsoever, without any compensation to You or any other person, and will not be required to treat any Feedback as confidential. You agree that You do not acquire any right in or to Kemi and/or the Kemi App (or any changes, modifications or corrections thereto) by virtue of any Feedback. You acknowledge that the Company will not be responsible for whatever Feedback that You submit, including its legality, reliability, appropriateness, originality, and copyright.

 

 

17. Disputes

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH KEMI AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. You and Kemi agree to arbitrate any dispute arising from these Terms or relating to the Services, except that you and Kemi are not required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. SUBJECT TO ANY RIGHTS YOU MAY HAVE UNDER APPLICABLE LAW, ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Kemi agree that you will notify each other of any dispute within thirty (30) days of when it arises, that you will attempt informal resolution prior to any demand for arbitration, that any arbitration will occur in San Francisco, California and that arbitration will be conducted confidentially by a single arbitrator in accordance with the Rules of the American Arbitration Association.  Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND KEMI WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING

 

 

18. Release

 

To the full extent permitted by applicable law, you agree to release us and our officers, directors, shareholders, agents, employees, consultants, corporate parent, affiliates, subsidiaries, sponsors, and other third-party partners ( “Kemi Parties”) from claims, demands, and damages (direct and consequential) (“Claims”), arising out of or in any way connected with any transaction with a third party, your interactions with other members, or in connection with a Kemi Social party and activities or a Kemi event. You also agree, to the full extent permitted by applicable law, to release organizers from Claims based on an organizer’s negligence arising out of or in any way connected with their Content, a Kemi group, or a Kemi event.

You acknowledge that some Kemi events carry inherent dangers, such as the risk of illness, bodily injury, disability, or death. By participating in these events, you understand and agree that you have freely chosen to assume these risks.

 

 

19. Governing Law and Jurisdiction

 

In principle, these Terms are governed by the laws of the Republic of Korea, and You consent and agree to the exclusive jurisdiction of the Seoul Central District Court with regard to disputes related to these Terms. However, if the laws of the country in which You reside stipulate otherwise regarding the interpretation of these Terms and jurisdiction, such laws shall apply.

 

 

20. Entire Agreement

 

These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings, between the parties regarding their subject matter.

 

 

21. Waiver

 

Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.

 

 

22. Severability

 

The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.

 

 

23. Headings

 

Headings of sections are for convenience only and shall not be used to limit or construe such sections.

24. Licensed Application End User License Agreement

 

https://www.apple.com/legal/internet-services/itunes/dev/stdeula/