1. Parties
This Agreement is between you and KOST only, and not Google, Inc. ('Google'). Notwithstanding the foregoing, you acknowledge that Google and its subsidiaries are third party beneficiaries of this Agreement and Google has the right to enforce this Agreement against you. KOST, not Google, is solely responsible for the KOST App and its content.
2. Privacy
KOST may collect and use information about your usage of the KOST App, including certain types of information from and about your device. KOST may use this information, as long as it is in a form that does not personally identify you, to measure the use and performance of the KOST App.
3. Limited License
KOST grants you a limited, non-exclusive, non-transferable, revocable license to use the KOST App for your personal, non-commercial purposes. You may only use the KOST App on Android devices that you own or control and as permitted by the Google Play Terms of Service.
4. Age Restrictions
By using the KOST App, you represent and warrant that (a) you are 18 years of age or older and you agree to be bound by this Agreement; (b) if you are under 18 years of age, you have obtained verifiable consent from a parent or legal guardian; and (c) your use of the KOST App does not violate any applicable law or regulation. Your access to the KOST App may be terminated without warning if KOST believes, in its sole discretion, that you are under the age of 18 years and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child's use of the KOST App, you agree to be bound by this Agreement in respect to your child's use of the KOST App.
5. Information Disclosure
Due to KOST App functionality, you as end user agree to disclose certain information for public consumption to maximize user experiences when using KOST App. These information includes but not limited to property address and landlord contact information.
6. False Information
By using the KOST App, you agree not to hold KOST, its parent company and/or its subscidiaries liable for any false information provided by other users of KOST App.
7. Objectionable Content
Policy Content may not be submitted to KOST, who will moderate all content and ultimately decide whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.
8. Warranty
KOST disclaims all warranties about the KOST App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, KOST, not Google, shall be solely responsible for such warranty.
9. Maintenance and Support
KOST does provide minimal maintenance or support for it but not to the extent that any maintenance or support is required by applicable law, KOST, not Google, shall be obligated to furnish any such maintenance or support.
10. Product Claims
KOST, not Google, is responsible for addressing any claims by you relating to the KOST App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the KOST App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.
11. Third Party Intellectual Property Claims
KOST shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the KOST App. To the extent KOST is required to provide indemnification by applicable law, KOST, not Google, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the KOST App or your use of it infringes any third party intellectual property right.