Kenzly, a limited liability company with its registered office located at Tallinn, Estonia and provide a collection of online resources which include classified advertisements and forums (collectively, the "Service") on the website www.kenzly.eu, related sites and the mobile application of the platform (collectively, the "Website")
DESCRIPTION OF SERVICE AND CONTENT POLICY
Kenzly is the next generation of free online business classifieds. We act as an online market place platform to allow our users who comply with these Terms to offer, sell, and buy products and services listed on the Website. Although you may be able to conduct payment and other transactions through the Website, using third-party vendors, Kenzly is not in any way involved in such transactions. As a result, and as discussed in more detail in these Terms, you hereby acknowledge and agree that Kenzly is not a party to such transactions, has no control over any element of such transactions, and shall have no liability to any party in connection with such transactions. You use the Service and the Website at your own risk.
You understand that Kenzly does not control, and is not responsible for ads, directory information, business listings/information, messages between users, including without limitation e-mails sent from outside Kenzly’s domain or other means of electronic communication, whether through the Website or another Third Party Website or offerings, comments, user postings, files, images, photos, video, sounds, business listings/information and directory information or any other material made available through the Website and the Service ("Content"), and that by using the Website and the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Kenzly be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing, using or reading any Content listed, e-mailed or otherwise made available via the Service. You acknowledge and agree that Kenzly permits such goods and services to be displayed and offered on the Website that conform with the Terms stated herein, however Kenzly does not pre-screen or approve any Content, but that Kenzly has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms and such violation being brought to Kenzly’s knowledge or for any other reason or no reason at all. Furthermore, the Website and Content available through the Website may contain links to other third-party websites ("Third Party Websites"), which are completely unrelated to Kenzly. If you link to Third Party Websites, you may be subject to those Third-Party Websites’ terms and conditions and other policies. Kenzly makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third-Party Website, and your linking to any other websites is completely at your own risk and Kenzly disclaims all liability thereto.
You acknowledge and agree that you are solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting, transmitting, linking or publishing it. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the Service. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, warrant and covenant that:
1) you have developed the contents such as description and/or photographs in accordance with the instructions and guidance for placing an ad provided by Kenzly on the website and that any copyrights therein belongs to Kenzly and, to any extent, should you be deemed to own any copyright you hereby assign any such copyright to Kenzly.
2) you acknowledge that the information and/or photographs that you post on the Website is stored and compiled by Kenzly in a proprietary database and that the uploaded information and/or photographs are modified by Kenzly by applying a watermark of Kenzly logo and in such derivate works also the copyright belongs to Kenzly.
3) you shall continue to, for such time the Content is available on the Website, have the necessary licenses, authorizations, consents, and permissions to use such Content on the Service and Website (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and wherever required, in such cases where you have the right, hereby authorize and license Kenzly to exclusively use such Content to enable inclusion and use of the Content in the manner contemplated by the Service, the Website and these Terms; and you have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by the Service, the Website and these Terms. For clarity, by submitting any Content on the Website, as aforesaid, wherever you retain any ownership rights in the Content, you hereby grant to Kenzly an irrevocable, non-cancellable, perpetual, worldwide, exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Website and Kenzly's (and its successors') business, including without limitation for the purpose of promoting and redistributing part or all of the Website and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. Furthermore, by you posting Content to any public area of the Service, to the extent you retain any ownership of any rights, you agree to and do hereby grant to Kenzly all exclusive rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service or Website by any party for any purpose including the right to initiate legal action in accordance with the copyright and other laws of Estonia or your country. You also hereby grant each user of the Website a non-exclusive license to access your Content through the Website. The foregoing license to each user granted by you terminates once you or Kenzly remove or delete such Content from the Website.
4) Kenzly does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and Kenzly expressly disclaims any and all liability in connection with user Content. Kenzly does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Kenzly may, at its sole discretion, remove any infringing Content if properly notified in accordance with applicable law that such Content infringes on another's intellectual property rights. Kenzly reserves the right to remove any Content without prior notice. Kenzly may also terminate a user's access to the Website, if they are determined to be a repeat infringer or found to be indulging in any act contrary to these Terms. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the Website more than twice. Further, at its sole discretion, Kenzly reserves the right to decide whether any Content is appropriate and complies with these Terms.
5) Kenzly may provide a video service to you if you upload photographs for your ad. By uploading your photographs, not covered by 2(3)(i) or (ii) above, you irrevocably license and consent to the exclusive use of your photographs for this service and represent and warrant that you have all right, title and interest necessary to upload and use the photographs on this service. Under this service, using a third-party application or service, Kenzly may, at its discretion, create a video of your photographs, upload the video via www.youtube.com or another third party service provider, as determined by Kenzly at its discretion, and embed the video into your ad on the Website.
Featured Ads are subject to the Terms listed herein, as well as additional terms of service.
VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the Terms that you become aware of by contacting us using the link at the bottom of the Kenzly homepage or go to our Help Center at www.support.kenzly.eu.
Any failure to act by Kenzly with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches by you or others. Notwithstanding the aforesaid clauses regarding any other provision of these Terms, Kenzly retains the right to seek legal and equitable remedies, including without limitation, specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach or threatened breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof, without the necessity of posting a bond.