Please read these terms and conditions of use (Terms of Use) carefully. By accessing or using our web site, purchasing the subscription services (Services) or clicking that you agree if prompted by us, you agree to be bound by these terms of use. If you do not consent to the Terms of Use, you are not permitted to use the Services.

www.kiffix.com (Site) is owned and operated by KIFFIX LTD (KIFFIX), a company incorporated in England and Wales with registered number 15434065 and having its registered office at 80-83 Long Lane, London EC1A 9ET, United Kingdom. These Terms of Use apply to your access to and use of the Site and the Services.

Your use of the Services is expressly conditioned upon your agreement to these Terms of Use. If you do not consent to these Terms of Use, you are not permitted to use the Services.

The Services are not targeted towards, nor intended for use by, anyone under the age of 16.

KIFFIX reserves the right to change, modify, revise or otherwise amend any provision of these Terms of Use and any other terms, policies or guidelines governing your use of the Services, at any time at its sole discretion by providing notice that the Terms of Use have been modified. Such notice may be provided by sending an email, by posting a notice on the Site, by posting the revised Terms of Use on the Site and revising the date at the top of these Terms of Use or by such other form of notice as determined by KIFFIX. Your continued use or purchase of the Services following notice of the revised Terms of Use or other notice will constitute your acceptance of such changes or modifications. Any changes or modifications will be effective within 30 days of the posting of the revisions on the Site unless you notify KIFFIX within that 30 days that you do not agree to the changes and stop using the Services. You should therefore review these Terms of Use regularly, at least every 30 days to make sure that you understand the terms and conditions that will apply to your use of the Services.

You authorise KIFFIX to collect, use, disclose and otherwise process information about you as set forth in our website privacy policy, above. Where applicable, KIFFIX will obtain your specific consent for such collection, use, etc, if required under local data protection laws.

General Terms

These Terms of Use and any additional KIFFIX policies and terms where mentioned together constitute a binding agreement between you and KIFFIX. All such additional terms are incorporated into these Terms of Use as applicable and collectively govern your use of the Services.

The Services provide an online platform that enables an operating account who owns or who otherwise have the right to licence (Content Owners) to upload and share their photographs (Photos), music (Music) and/or videos (Videos). Photos, Music and Videos may collectively be referred to as “Media”. By subscribing to the Services, you agree to be bound by and accept the Subscription Services Terms below.

The Website Privacy Policy supplements these Terms of Use.

KIFFIX Materials

The Services and all images, software, platforms, tools, graphics, data, text, code, the Marks (as defined below) and other content and materials available on the the Site and the Services (excluding User Content as defined below) (collectively “KIFFIX Materials”) are the property of KIFFIX or its third party licensors and are protected by intellectual property laws of England and Wales and international laws and conventions.

KIFFIX hereby grants you a limited, non-transferable, non-sublicensable, revocable licence to access and use KIFFIX Materials solely in accordance with these Terms of Use. Except for the limited licenses granted hereunder, KIFFIX reserves all rights not expressly granted and no such additional rights may be implied.

You acknowledge that (i) all right, title and interest in and to the KIFFIX Materials, including all patents, copyrights, trade secrets, trademarks and other proprietary rights embodied therein or associated therewith, are and will remain with KIFFIX or its third party licensors; (ii) no right or interest in the KIFFIX Materials is conveyed other than the limited licenses granted by these Terms of Use; and (iii) the KIFFIX Materials are protected by copyright and other intellectual property laws.

KIFFIX Marks

You acknowledge that “KIFFIX”, the look and feel of the Services, and any other Service names, logos or slogans of KIFFIX contained in the Services or on the Site are the property of KIFFIX (collectively “KIFFIX Marks”) and may not be copied, imitated or used without the prior written permission of KIFFIX. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners.

You may not use the KIFFIX Marks unless you have obtained our express prior written agreement.

Restrictions

You agree that you will not (i) modify or alter the KIFFIX Materials; (ii) create derivative works of the KIFFIX Materials; (iii) decompile, disassemble, decode or reverse engineer the KIFFIX Materials, translate the KIFFIX Materials or otherwise attempt to learn the source code, structure, algorithms or internal ideas underlying the KIFFIX Materials or reduce the KIFFIX Materials by any other means to a human-perceivable form; or (iv) bypass, delete or disable any copy protection mechanisms or any security mechanisms in the KIFFIX Materials.

Except as otherwise expressly permitted by these Terms of Use, you may not use the Services or the KIFFIX Materials to engage in any of the following prohibited activities:

• the collection, copying or distribution of any portion of the KIFFIX Materials;
• any resale, commercial use, commercial exploitation, distribution, public performance or public display of the Services or the KIFFIX Materials;
• modifying or otherwise making any derivative uses of the Services or the KIFFIX Materials;
• using any data mining, robots or similar data gathering or extraction methods on or in connection with the Services;
• with the exception of Media made available by an account operator for download, the downloading of any portion of the KIFFIX Materials or any information contained therein; or
• any use of the Services or the KIFFIX Materials other than for their intended purposes.

Any use of the Services or of any KIFFIX Materials other than as specifically authorised, without the express prior written permission of KIFFIX and the applicable KIFFIX user or the Content Owner, is strictly prohibited. Any such unauthorised use may result in the immediate termination of your rights under these Terms of Use and will constitute a breach of the licence.

Hyperlinks

You may create a text hyperlink to the Site, provided such link does not portray KIFFIX or its Services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked by KIFFIX at any time. You may not frame the Site or utilise framing techniques to enclose the Site, KIFFIX Materials, KIFFIX Marks or other proprietary information without KIFFIX’s express prior written consent.

As a part of the Services, we may provide you with access to and use of certain personalised pages and corresponding web addresses (URL) that you may customise. KIFFIX does not guarantee the availability of any particular web page or URL and reserves the right, at any time and at our sole discretion, to reclaim, suspend, terminate and/or transfer any such web page or URL.

User Content

The Services may enable you to upload, post and transmit Photos, Music and/or Videos to the Site or other portions of the Services and also provide you with access to discussion forums, blogs and other interactive areas in which you or other users may post or transmit Photos, Music, Videos, messages, information, comments, labels, tags, descriptions, categorizations or other content or materials (collectively, including Media, “User Content”).

You retain all intellectual property rights in and to any User Content you post, upload or otherwise make available through the Services, including the copyright in and to your Media. KIFFIX does not claim any ownership, right, title or interest in and to your User Content.

Notwithstanding the foregoing, by uploading and/or posting any User Content to the Site or otherwise by using the Services, you request, and grant KIFFIX a perpetual, nonexclusive and royalty-free right to use the User Content as is reasonably necessary in order to do the following: (1) provide the Services, including to display the User Content on the Services; (2) comply with your instructions pursuant to KIFFIX’s Data Protection Terms; (3) comply with legal requirements, including disclosing User Content in response to legal process from governmental authorities; (4) disclose User Content without any compulsory legal process when KIFFIX believes there is a threat to life. In the absence of a legal requirement to do so, KIFFIX may refrain from notifying you of KIFFIX’s disclosures to governmental authorities. KIFFIX may engage service providers for assistance with carrying out any obligation or exercising any right under these Terms of Service. The rights you are giving do not extend to any rights in the operating account holder’s product, which remain exclusively with the operating account holder.

You represent and warrant that (i) you own or otherwise control all of the rights to the User Content that you post or transmit, or you otherwise have the right to post, use, display, distribute and reproduce such User Content and to grant the rights granted herein; (ii) the User Content you supply is accurate and not misleading; and (iii) the use and posting of the User Content you supply does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity.

Acceptable Use

You are solely responsible for the User Content that you post or transmit using the Services and you agree not to post, transmit or otherwise publish through the Services any of the following:

• User Content that is unlawful, defamatory, obscene, pornographic, indecent, lewd, sexually suggestive, hateful, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or harmful, including without limitation: Photos, Music Videos or other User Content containing nudity that would be unacceptable in a public space accessible to minors;
• User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, endanger national security, or that would otherwise create liability or violate any local, national or international law;
• User Content that may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or other proprietary right of any party;
• User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
• unsolicited promotions, political campaigning, advertising or solicitations;
• private information of any third party;
• viruses, corrupted data or other harmful, disruptive or destructive files; and
• User Content that is objectionable, harmful or which restricts or inhibits any other person from using or enjoying the Services, or which may expose KIFFIX or its users to any harm or liability of any nature, or which is legally required to be deleted or made private.

Although we prohibit certain activities in these Terms of Use, KIFFIX does not make any representation or warranty that the User Content you may encounter through your use of the Services complies with these acceptable use provisions or the Terms of Use. Your use of the services is solely at your own risk. These Terms of Use do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by these acceptable use provisions.

KIFFIX reserves the right (but is not obligated) to (i) review or screen any User Content submitted to the Site or otherwise submitted through the Services; (ii) edit any User Content submitted through the Services (but for Media this will consist of mere editing to address the technical characteristics of the Service or of KIFFIX Vendors, not artistic authorship); (iii) remove or take down any User Content from the Services for any reason, at any time, without notice, at our sole discretion. KIFFIX will have no liability or responsibility to users of the KIFFIX Services or any other person or entity for performance or non-performance of such activities. KIFFIX’s enforcement of the acceptable use provisions set forth in these Terms of Use with respect to User Content in some instances does not constitute a waiver of our right to enforce such provisions in other instances involving similar User Content.

Your Account

Certain activities on the Services require you to register and create an account. In order to create an account, you must be 16 years of age or older. By registering for an account, you represent and warrant that you are at least 16 years of age and that all information you provide in the registration form (Registration Data) is complete and accurate. KIFFIX reserves the right to refuse access to the Services to anyone at any time, with or without cause at its sole discretion. You agree to keep your registered email addresses and other Registration Data current and complete, as KIFFIX may send important notices about your account from time to time. By registering for an account, you consent to receive communications from KIFFIX about the Services by email and/or system messages consistent with the terms of our Privacy Policy.

Account Security

You are solely responsible for maintaining the confidentiality of the passwords associated with your account and for restricting access to your passwords and physical access to your computer while logged into the Services. You accept responsibility for all activities that occur under your user account.

User Content that you post, upload or otherwise make available via the Services may be accessed, used and downloaded by other KIFFIX users. You understand and acknowledge that any User Content contained in public areas of the Services or other portions of the Services accessible to the public and could be accessed, downloaded, indexed, archived, linked to and republished by others including, without limitation, appearing on other websites and in search engine results.

We use commercially reasonable security measures to protect your User Content consistent with your Account Settings. We cannot, however, guarantee absolute security of your account, your User Content or the Registration Data we collect, and we cannot promise that our security measures will prevent third party “hackers” or other unauthorised parties from illegally accessing the Services or their contents. KIFFIX is not responsible or liable for any third party access to or use of the User Content you post or your Registration Data. You are encouraged to read, understand and use the security settings and mechanisms in your Account Settings to manage how your User Content is accessed and used by the public and other users of the Services. You agree to immediately notify KIFFIX of any unauthorised use of your account or passwords or any other breach of security, and you accept all risks of unauthorised access to the Registration Data, User Content and any other information you provide to KIFFIX.

Third Party Services

KIFFIX may make third party content and services available on or through the Services (Third Party Services) solely as a convenience to its users, or because a user posted it or made it accessible (for example, links to third party websites, software and other services).

KIFFIX does not indicate affiliation, approval, or control of any Third Party Services by making such Third Party Services available via the KIFFIX Services. KIFFIX makes no claim or representation regarding, and accepts no responsibility for, the quality, accuracy, nature, ownership or reliability of Third Party Services. Your use of any such third party services is solely at your own risk and subject to the third party terms and conditions and third party privacy policies applicable to such third party services.

Advertisements and Promotions

The Services may contain third party advertisements and promotions generated or posted by KIFFIX users, KIFFIX Vendors or other third party service providers. Your business dealings or interactions with any third parties, including the KIFFIX users or KIFFIX Vendors, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. KIFFIX does not endorse, approve, or control any such products, services, advertising or promotions posted to the Services by its users, the KIFFIX Vendors or third party service providers. KIFFIX is not responsible or liable for any loss or damage of any kind incurred as the result of your dealings with any of them or otherwise resulting from the presence of advertisements for third party products and services included on the Services.

Disclaimer of Warranties

The Site, services, the KIFFIX Materials, and the products are provided on an “as is” and “as available” basis without warranties of any kind, express or implied. To the full extent permissible by applicable law, KIFFIX disclaims all warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and noninfringement as to the site, the services, the KIFFIX Materials, and the products.

KIFFIX does not represent or warrant that the KIFFIX Materials or the services are accurate, complete, reliable, current or error-free or that the services, its servers or email sent from KIFFIX or the services are free of viruses or other harmful components. KIFFIX is not responsible for typographical errors or omissions relating to pricing, text, photos or videos. KIFFIX also makes no representation or warranty regarding the availability, reliability or security of the services and will not be liable for any unauthorised access to or any modification, suspension, unavailability, or discontinuance of the services or the products provided thereon.

Limitation of Liabilities

In no event will KIFFIX or its directors, members, employees or agents be liable for any special, indirect or consequential damages, or any other damages of any kind, including, but not limited to, loss of use, loss of profits or loss of data, whether in an action in contract, tort or otherwise, arising out of or in any way connected with the use of or inability to use or view the site, the services, the products, the user content or the KIFFIX materials contained in or accessed through the services, including any damages caused by or resulting from your reliance on any information obtained from KIFFIX, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any termination, suspension or other failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorised access to KIFFIX’s records, programmes or services.

In no event will the aggregate liability of KIFFIX, whether in contract, warranty, tort (including negligence), product liability, strict liability or other legal theory, arising out of or relating to the use of or inability to use the site, the services, the products, the user content or the KIFFIX materials, exceed compensation you pay, if any, to KIFFIX for access to or use of the site or the services or for the purchase of products.

Nothing in this agreement is intended to, or shall be deemed to, exclude or limit any rights that you have as a consumer under applicable law, including your statutory rights under the UK Consumer Rights Act 2015 or any other applicable legislation. Your legal rights as a consumer are not affected by this agreement.

Indemnity

You agree to defend, indemnify and hold harmless KIFFIX and its affiliates and subsidiaries (collectively “Indemnified Parties”), and the Indemnified Parties’ independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including reasonable attorneys’ fees) arising out of or related to any User Content you post or otherwise transmit on or through the Services, your use of or inability to use the Services, the User Content, the KIFFIX Materials or the Products, or the licensing of your Media to third parties through the Services, including any actual or threatened suit, demand or claim made against any of the Indemnified Parties and/or their independent contractors, service providers, employees, directors or consultants, arising out of or relating to your User Content, your conduct, your violation of these Terms of Use or your violation of the rights of any third party.

Applicable Law

Your use of the Services is subject to all applicable local, national and international laws and regulations. These Terms of Use and your use of the Services will be governed by and construed in accordance with the laws of England and Wales without regard to its conflict of law provisions.

Complaints

Email darren.bez@kiffix.io if you have any complaints or queries in relation to the Service.

Feedback

We welcome feedback from our users regarding ideas and suggestions for improvements to the Site or our Services. KIFFIX will be entitled to use any such feedback without restriction, even if you designate such feedback as confidential. You hereby grant KIFFIX a royalty-free, sublicensable, transferable, perpetual, irrevocable licence in and to any feedback to use in any matter related to the operation of our business.

Assignment

These Terms of Use are binding upon the parties hereto and their permitted successors and assigns. Notwithstanding the foregoing, you may not assign your rights under these Terms of Use without KIFFIX’s prior written consent. KIFFIX will be permitted to assign its rights under these Terms of Use at its sole discretion.

International Users

KIFFIX is located in the United Kingdom. If you access the Services from a country other than the United Kingdom, you agree that your transactions with KIFFIX occur in the United Kingdom. You are responsible for compliance with all applicable laws, rules and regulations applicable to your use of the Services.

Severability

If any provision of these Terms of Use is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms of Use will remain in full force and effect, and, if legally permitted, such offending provision will be replaced with an enforceable provision that as nearly as possible effects the parties’ intent.

Survival

The terms and conditions of these Terms of Use which by their nature are intended to survive termination or expiration of Services (including, but not limited to, Indemnification, Warranty Disclaimer, Dispute Resolution and the Limitation of Liability) will survive any expiration or termination of these Terms of Use.

 Subscription Services Terms

You may use the Subscription Services only in accordance with these Subscription Services Terms (and the Terms of Use of which they are a part). In the event of any conflict between these Subscription Services Terms and the other provisions of the Terms of Use, these Subscription Services Terms will apply.

Subscriptions

The Subscription Services are available to users (i) who register for a subscription to the Subscription Services (Subscription) and (ii) who pay in full the Subscription fees (Subscription Fees).

If you wish to purchase a Subscription, we will ask you to provide certain information in order to facilitate such purchase, including your credit card number, billing address and any related payment information as required by KIFFIX (collectively, “Payment Information”). KIFFIX may use a third party payment processor to facilitate your payment of any Subscription Fees.

Any Payment Information that you provide will be governed by the terms of our Webiste Privacy Policy. By submitting Payment Information via the Services, you warrant that you have the legal right to use any such credit card or other payment mechanism that you provide to facilitate the transaction.

Term and Automatic Renewal

Your Subscription is valid commencing on the date in which KIFFIX provides you with access to the Services pursuant to its receipt of your valid Payment Information (Commencement Date) and will last for the duration of the Subscription (Subscription Term).

Your subscription will automatically renew at the end of each subscription term for successive subscription terms unless the subscription is terminated and/or canceled by you or KIFFIX prior to the end of such subscription term. Such renewal will occur automatically on the applicable anniversary of the commencement date. You may cancel your subscription at any time prior to the end of the subscription term through your account settings in the subscription section, or by sending an email to darren.bez@kiffix.io providing clear written notice of such request. You agree that upon such renewal, the credit card or other designated payment method in your Account Settings will be billed the applicable Subscription Fee for your Subscription Plan then in effect at the time of renewal. If you disagree with these automatic renewal provisions, your sole remedy is to cancel or terminate your Subscription.

You acknowledge that the amount of the recurring charge at the time of Subscription renewal may differ from the Subscription Fees you originally paid for the Subscription Services. KIFFIX will notify you of any changes to the Subscription Fee prior to the date on which your Subscription Term will renew. You hereby agree to any such revised Subscription Fees and your sole remedy if you disagree with such changes is to terminate your account and stop using the Subscription Services.

Interruptions or Discontinuation; Changes to Subscription Services and Terms of Use

KIFFIX reserves the right at any time, at its sole discretion and without notice, to suspend, modify, discontinue or permanently cancel the Subscription Services or any portions thereof and any policies, features and terms applicable thereto. If the Subscription Services, or any part thereof, to which you subscribe are permanently discontinued or cancelled by KIFFIX, your Subscription will terminate, and we will have no further liability to you. You acknowledge that the Subscription Services may be interrupted from time to time, with or without notice, for maintenance, upgrades, system updates or in the event of equipment failure or for any other foreseeable or non-foreseeable cause.

KIFFIX will have no liability to you for any interruption, suspension, discontinuance or unavailability of the subscription services for any reason, or for any loss or inability to access any media or materials on the services.

Termination

You may request the termination of your Subscription at any time by sending an email to darren.bez@kiffix.io. When KIFFIX receives your termination request, KIFFIX will terminate your Subscription and notify you of such termination via email.

If you terminate your Subscription, such termination will be effective immediately upon your receipt of such confirmation from KIFFIX, regardless of whether there is any period of time remaining in your Subscription Term.

KIFFIX may terminate a Subscription, or any user’s access to and use of the Subscription Services, at any time for any reason at its sole discretion, which such termination will be effective immediately. If you violate the Terms of Use, KIFFIX at its sole discretion may (i) require you to remedy any violation thereof and/or (ii) take any other actions that KIFFIX deems appropriate to enforce its rights and pursue available remedies.

All Subscription Fees are nonrefundable. Upon termination, cancellation or discontinuation of your Subscription for any reason, you will not be entitled to receive a refund for any Subscription Fees or other amounts previously charged to you, or for any unused portion of any Subscription Fees if such termination, cancellation or discontinuation occurs prior to the expiration of the applicable Subscription Term.

It is solely your responsibility to keep your account information and Payment Information accurate and up-to-date. If the Payment Information for your account is invalid and cannot be billed for the renewal Subscription Fee at the time such Subscription Fee is payable and due, then KIFFIX may terminate your account for nonpayment. If KIFFIX does not have a current, working email address for your user account, then you may not receive important notices from us regarding your account, including notices regarding termination. KIFFIX cannot guarantee that you will receive notice of the termination of your account.

Backup Policy

You are solely responsible for creating and maintaining backup copies of any user content you upload, post or make available through the services during any applicable subscription term at your sole cost and expense. You maintain responsibility and liability for any losses or damages you incur for failure to maintain backup copies of your user content. KIFFIX is not liable to you for any damages or losses that result from the loss or breach of your user content in connection with your use of the KIFFIX Services.

KIFFIX uses third party vendors to host and store any Media that you upload to KIFFIX through your use of the Subscription Services. We may require our vendors to maintain certain standards with respect to your User Content, but KIFFIX does not guarantee that your User Content will be secure and/or available at all times during the Subscription Term. KIFFIX does not guarantee that your User Content will be available on the Services after the termination of your Subscription, irrespective of the reason for such termination. It is your sole responsibility to create and maintain backup copies of any such User Content on a regular basis.

Please note that when User Content or other files are deleted (or your account is cancelled), those files will be deleted as soon as reasonable pursuant to KIFFIX’s data destruction policies and cannot be recovered by KIFFIX or any third party vendor following deletion.

Use of User Information

In the event that you obtain access to any KIFFIX user information, whether directly from KIFFIX or otherwise, including user names and emails (collectively the “User Information”), you agree that you may not use any such User Information in any manner except as may be specifically authorised by KIFFIX to carry out the purpose for which such User Information was provided. Without limiting the foregoing, you may not share such User Information with any third parties. Further, you agree not to use such User Information in any manner that would be in violation of KIFFIX’s Website Privacy Policy or applicable law. In no event will KIFFIX be obligated to provide you with any such User Information. You agree that this provision will apply both during and after the term of your Subscription.

Independent Contractors

Use of the KIFFIX Subscription Services does not create a partnership, agency, joint venture or any employee-employer relationship between you and KIFFIX. At all times the relationship between you and KIFFIX will be that of independent contractors. You are responsible for all taxes that you may be obligated to pay in connection with your use of the Subscription Services.

Warranties of Content Owner

The Content Owner represents and warrants to KIFFIX that:

• the Content Owner owns (or has legal right to represent and licence) all intellectual property rights, title and interest in and to all Photos, Music or Videos, including applicable copyrights, submitted through the Services and has the right to grant all licenses granted herein without violating the rights of any third party;
• if the Content Owner who is agreeing to these Terms of Use is an agent of the copyright owner(s), then the Content Owner has been granted full authority of the copyright owner(s) to enter into this agreement;
•  all information concerning all Photos, Music or Videos provided by Content Owner to KIFFIX through the use of the Services is, to the best of Content Owner’s knowledge, true and accurate; and
• all Photos, Music or Videos submitted or posted by Content Owner have all necessary releases, consents and permissions required to grant the licenses granted under the applicable licence.

Copyright Policy

KIFFIX has adopted a policy of terminating, in appropriate circumstances and at KIFFIX’s sole discretion, the accounts of users who are deemed to be repeat infringers. KIFFIX may also, at its sole discretion, limit access to KIFFIX’s website and services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. KIFFIX will respond to claims of copyright infringement committed using KIFFIX that are reported to KIFFIX’s as below.

If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

If you are a copyright owner, or are authorised to act on behalf of one, or authorised to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the KIFFIX Services by contacting us.

Upon receipt of a report, KIFFIX will take whatever action, at its sole discretion, it deems appropriate, including removal of the challenged material from the KIFFIX Services.