Terms of Use

The operator of this website is KYA, Inc. (“Operator” “us,” “our,” or “we”). Operator has drafted the following terms and conditions to govern your use of www.TheKYAApp.com and the KYA mobile application (collectively, “KYA”). By using KYA, you agree to be bound by these Terms of Use (the “Agreement”). This is a legally binding contract. If you do not agree to these Terms of Use, please do not use KYA.

If you have any questions regarding the meaning or application of this Agreement, or you would like a PDF copy of the Agreement, please direct your questions to:

2722 n 88th ave

Phoenix, AZ 85037

team@thekyaapp.com

  1. Who We Are and What We Do.

  2. KYA is an online community for teen girls ages 13 and above to post stories, and collect inspirational content from fellow users as well as through KYA. KYA will operate similarly to a blogger and will push content, videos, photos, links to third party sites, and will also gather information from the user via polls and surveys.

  1. Membership.

  2. An account is required to access KYA. To create an account on KYA, you must be at least thirteen years of age.

  1. Access to KYA.

  2. This Agreement grants you a limited, revocable, nonexclusive license to access KYA for your own personal use. You may not sub-license your rights to a third party, and this license does not extend to any collection, aggregation, copying, duplication, display or derivative use of KYA nor any use of data mining or similar data gathering and extraction tools for any purpose unless expressly permitted by us. A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to KYA, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent.

    From time to time KYA may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which we may undertake from time to time; or (iii) causes beyond our control or which are not reasonably foreseeable by us.

  1. Limited Warranty/Disclaimer of Liability.

  2. We make no representations or warranties as to the truth or accuracy of any information or opinions presented on KYA. Although KYA sometimes provides guidance, it does not guarantee any result to any user. As a consumer, you should do your own independent investigation of the information and opinions presented on KYA, including confirming whether or not the information comes from a reliable source and whether the information pertains to your particular question, concern, or lifestyle.

    We do not provide medical advice, diagnosis or treatment. The contents of KYA are for informational purposes only. KYA is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. You should consult your own doctor and other professionals for advice specific to your circumstances. Never disregard professional medical advice or delay in seeking it because of something you have read on KYA.

    If you think you may have a medical emergency, call your doctor or 911 immediately. KYA does not recommend or endorse any specific therapists, products, procedures, opinions, or other information that may be mentioned on KYA. Reliance on any information appearing on KYA is solely at your own risk.

    KYA and its contents are provided “as is” without warranties of any kind, whether express or implied, including without limitation any warranty as to the accuracy, availability, completeness, reliability, title, currency or content of any information or material provided by or through this site, and the implied warranties of merchantability or fitness for a particular purpose. Your use of KYA is at your sole risk. You assume full responsibility for all costs associated with your use of KYA, and we shall not be liable for any damages of any kind related to your use of KYA.

    IN NO EVENT SHALL OPERATOR, OR ANY DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OR OPERATOR OF KYA, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (V) ANY VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA KYA, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

  1. Eligibility and Responsibility of Account.

  2. In order to use KYA, you will need to create an account with us. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, whether expressly authorized by you or not. You are responsible for keeping your account password secure. You may change your password at any time by updating your Account Profile. In addition, you agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section or to secure your account and password, including but not limited to selecting a password that is easily compromised.  You are not allowed to use another customer’s account without that customer’s permission. Unless previously notified otherwise, we will assume that anyone using KYA with a correct account and password combination is an authorized user of that account.

    If you have created an account with KYA, you may be allowed to post content to KYA. By posting to KYA, you represent that you possess the capacity to enter into a binding contract and are not a person barred by any laws from using our Site, or that you have received permission from a parent or legal guardian to post to KYA. You agree to provide true, accurate, current and complete information about yourself in all required fields of the registration form. If any of your information changes, you agree to update your registration information as soon as possible. If we have reason to suspect that your registration information is not complete, current, or accurate, or that you have otherwise violated this Agreement, your account will be subject to suspension or termination, in our sole discretion, and you may be barred from using KYA.

  1. Modification of Terms of Use/ Modification of Website.

  2. We reserve the right to change this Agreement at any time. We will announce any changes by posting a revised draft of this Agreement on KYA. You can determine when this Agreement was last revised by referring to the “Last Updated” information contained herein. If a change is, in our sole discretion, material, we will notify you of the change if you are an active member of KYA. By continuing to use KYA following such changes, you will be deemed to have agreed to such changes. You agree to review this Agreement periodically to be aware of any such changes. Your use of certain services on KYA may be governed by additional rules, which will be available on KYA. By using any service you acknowledge that you have reviewed all rules for the service in question and agree to be bound by them.

    We also reserve the right, at any time, to: change or discontinue any content or feature of KYA or any services or products made available through KYA without notice; and/or offer opportunities to some or all users of KYA. You agree that we will not be liable for any modification, suspension or discontinuance of KYA or of any service, content, feature or product offered through KYA. Your continued use of KYA after such changes will indicate your acceptance of such changes.

    From time to time, in our sole and absolute discretion, without any notice or liability to you, we may change, move or delete portions or features of KYA, or we may add new areas or features to KYA.

  1. Copyrights, Trademarks and other Intellectual Property Rights.

  2. All materials, including images, illustrations, designs, icons, photographs, text, software, graphics, videos, music and sound that are part of KYA are protected by U.S. and state copyright laws, international treaties and other intellectual property laws. All copyrighted or trademarked material or other intellectual property used on KYA is owned by us or others who have given us permission to use their protected intellectual property. We do not create or otherwise manipulate the description, including the photographic representation, of any photographs or content published on KYA by any third-party. KYA as a whole is protected by copyright law and is owned by us.

    The materials on KYA, and KYA as a whole, are intended solely for your personal, noncommercial use. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works of, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the intellectual property on KYA, KYA as a whole, or any related software without our prior written permission or permission from the owner of that intellectual property. Further, you may not frame any of KYA content, deep-link to KYA, trespass or scrape KYA with automated agents without our prior written consent.

  1. Third-Party Content.

  2. KYA may contain content supplied by parties other than Operator. Any advertisements, solicitations, opinions, advice, judgments, statements or other information or content expressed or made available by such third parties, are those of the respective author(s) and not ours. We make no guarantees as to the accuracy, completeness or usefulness of any content, service or information provided, nor its merchantability or fitness for a particular purpose.

    KYA may contain content supplied by parties other than Operator. Any advertisements, solicitations, opinions, advice, judgments, statements or other information or content expressed or made available by such third parties, are those of the respective author(s) and not ours. We make no guarantees as to the accuracy, completeness or usefulness of any content, service or information provided, nor its merchantability or fitness for a particular purpose.

  1. General Conduct On KYA.

  2. Our goal is to empower each other through KYA, and that extends to the general policies on using KYA. KYA is intended to be used for lawful purposes only. If you create an account, you may be given the opportunity to post, transmit or otherwise make available information, opinions, ideas, images or other content on KYA. We reserve the right, but we do not have the obligation to remove or modify any content posted on our site for any reason. Decisions as to whether content violates our standards will be made in our sole discretion after we have actual notice of such posting. Without limiting our rights hereunder, we have attempted to provide guidelines to those posting on our site. When using KYA:

      9.1 You may not post or transmit any material or content on or through KYA:

    • that violates or infringes in any way upon the rights of others;
    • that discloses private personally identifying information of another person that could lead to identity theft;
    • that discloses health related information of another person;
    • that discloses confidential, proprietary information or trade secrets;
    • that solicits, encourages, or promotes the use of illegal substances or activities;
    • which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, constitutes invasion of privacy or publicity rights, is fraudulent or tortious, vulgar, obscene, pornographic, bigoted or hateful, intimidating, profane, scandalous, pornographic, indecent or otherwise objectionable;
    • that is protected by the copyright, trademark, trade secret or any other proprietary rights of anyone other than you;
    • that expresses or implies that any statements you make are endorsed by us, without our prior written consent; or
    • that gives rise to civil or criminal liability, encourages conduct that constitutes a criminal offense or otherwise violates any local, state, or federal law.

      9.2 You may not post or transmit on or through KYA:

    • software or other materials that contain viruses or other programs harmful or disruptive to KYA or other websites;
    • chain letters; mass mailings; spam mail; or
    • any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of KYA or its contents.

      9.3 You may not:

    • offer any services on KYA that you are not properly licensed to perform;
    • misrepresent who you are or impersonate another person;
    • engage in any activity on KYA that restricts or inhibits any other user from using or enjoying KYA such as “hacking,” “hijacking,” “cracking,” “spoofing,” or defacing any portion of KYA;
    • harvest or collect information about Site visitors or Registered Users without their express consent;
    • use KYA to defame, abuse, stalk, threaten or otherwise violate the legal rights of others or for any fraudulent purpose;
    • reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any film or portion of a film on KYA or any portion of, use of, or access to KYA;
    • create a database by systematically downloading and storing Site content;
    • frame or mirror any part of KYA without our prior written consent; or
    • interfere with or disrupt the operation of KYA or the servers or networks used to make KYA available; or violate any requirements, procedures, policies or regulations of such networks.
    • interfere with or disrupt the operation of KYA or the servers or networks used to make KYA available; or violate any requirements, procedures, policies or regulations of such networks.
  1. User Comments, Feedback and Other Submissions.

  2. By submitting, disclosing, posting, transmitting or uploading any messages or data to KYA, you warrant and represent that you are the owner of those communications or that you have all rights necessary to submit, disclose, post, upload, transmit and otherwise use any such communications for your intended purpose.  By posting information or content to KYA, you grant, and you represent and warrant that you have the right to grant, and that you do grant us an irrevocable, perpetual, fully-paid, worldwide non-exclusive license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.  If you do not agree to this license, do not post anything on KYA.

    We may not be able to review all materials posted to KYA by users and we are not responsible for any materials posted by users. We reserve the right at all times to disclose any information necessary to satisfy any law, regulation, government request or court order to edit, refuse to post or to remove information or materials in whole or in part, that are the subject of a complaint or a report of abuse or that in our sole discretion are objectionable or in violation of this Agreement or as otherwise required by law or court order.

  1. Indemnification.

  2. You agree to indemnify, defend and hold us harmless, and defend any action brought against us or them with respect to any claim, demand, cause of action, debt or liability, including but not limited to reasonable costs and attorneys’ fees, arising out of the use of KYA, or the violation of any of the provisions of this Agreement, by you or anyone accessing KYA under your account.

  1. Governing Law and Jurisdiction.

  2. This Agreement is entered into in the State of Arizona and is governed by the laws of the State of Arizona and by the federal laws of the United States, without reference to conflict of laws principles. You agree to the exclusive jurisdiction of the state and federal courts in Arizona to adjudicate any dispute arising out of or relating to this Agreement or your use of our Site. You also expressly consent to the personal jurisdiction of the state and federal courts in Arizona for any such action.

  1. General Provisions.

  2. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be stricken from this Agreement and the remaining provisions shall be enforced. Our failure to act with respect to any breach of this Agreement by you is not a waiver of our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to do so is void. We shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond its control. You must comply with all applicable laws and regulations relating to your access to and use of KYA. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof and supersedes any prior understandings or agreements with respect to such subject matter.

  1. Termination/Cancellation.

  2. We may terminate your authorization to use KYA at any time, in our sole discretion. Upon any such termination, your right to use KYA will immediately cease.  You agree that any termination of your access to or use of KYA may be effected without prior notice.

  1. Links to Other Sites.

  2. For your convenience, we may provide links on KYA to websites that we do not operate, including links to websites that sell products or services. We do not control such web sites and are not responsible for their contents, products or operation. These links do not mean that we endorse, approve or sponsor the linked sites or any information, products or services contained on those sites. We are not liable for any damage that might result from your use of the information, products or services obtained. Your use of such websites is entirely at your own risk.

  1. No Agency/ No Third Party Beneficiary

  2. There is no agency, partnership, joint venture, attorney-client, employee-employer or franchiser-franchisee relationship intended or created by this Agreement. Nothing in this Agreement is intended to benefit any third party.

  1. Digital Millennium Copyright Act Compliance Notice.

  2. We respect the intellectual property rights of others. If you believe any of the content on KYA infringes your copyrights, you may send us a notice of alleged infringement that complies with the Digital Millennium Copyright Act (the “DMCA”). For more information on what a notice of infringement pursuant to the DMCA requires, please visit http://www.dmlp.org/legal-guide/protecting-yourself-against-copyright-claims-based-user-content (no longer being updated) and/or https://www.copyright.gov/title17/92appb.html.

    We will process notices of alleged infringement that we receive and will take appropriate actions as required by the DMCA and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to our designated agent:

    2722 n 88th ave

    Phoenix, AZ 85037

    team@thekyaapp.com

    To be effective, the notification must be in writing and must comply with the DMCA, 17 U.S.C. §512(c)(3). Notices that do not comply with the law will be disregarded.

  1. Updates to Terms of Use.

  2. Terms of Use updated as of September 18, 2017.