Kwippe Terms of Service


Kwippe’s products and services are provided by Kwippe, Incorporated and/or Stacey Tipton
Reiman (“ Kwippe ”). These Terms of Service ( “Terms” ) govern your access to and use of
Kwippe’s website or services (collectively, “Services” ) and software that we include as part of
the Services, including any applications, Content (defined below), scripts, instruction sets, and
any related documentation (collectively “Software” ) (our Services and Software are referred to
collectively as “Products” ). Please read these Terms carefully. Your access to and use of the
Products are conditioned on your acceptance of and compliance with these Terms. By accessing
or using the Products you agree to be bound by these Terms.

IMPORTANT NOTICE: The artwork and images (defined as “Content” below) made
available through Kwippe’s Products have been obtained from third parties, compiled for the
convenience of the User, and optimized for a better experience in using our Software and
Services. The identity of the third parties from whom the images were obtained and the licensing
terms for the use of those images and artwork are provided for the User’s reference. Since it is
not the source of these images, Kwippe cannot provide any assurances or warranties that the
content is owned by the stated party, that the license terms are as reflected, or that you are
authorized to make any specific use of that Content. Kwippe can only warranty that the images
were obtained from the stated source and the licensing terms are as stated. The User should do
its due diligence to the level it deems appropriate under the circumstances and the use to which
the Content is being put.

1. Basic Terms

a. License to Use Kwippe.

Subject to these Terms and our policies (including our Acceptable Use Policy), we grant you a
limited, non-exclusive, non-transferable, and revocable license to use our Products.

You may use our Products only if you can form a binding contract with Kwippe, and only in
compliance with these Terms and all applicable laws. When you create your Kwippe account,
you must provide us with accurate and complete information. Any use or access by anyone under
the age of 13 is prohibited, regardless of whether that person may contract under applicable law.

If you open an account on behalf of a company, organization, or other entity, then (a) “you”
includes you and that entity, and (b) you represent and warrant that you are authorized to grant all
permissions and licenses provided in these Terms and bind the entity to these Terms, and that
you agree to these Terms on the entity’s behalf. Some of our Products may be software that is
downloaded to your computer, phone, tablet, or other device. You agree that we may
automatically upgrade those Products, and that these Terms (including any subsequent
modifications to these terms) will apply to such upgrades.

The Products that Kwippe provides are always evolving and the form and nature of the Products
that Kwippe provides may change from time to time without prior notice to you. In addition,
Kwippe may stop (permanently or temporarily) providing the Products (or any features within the
Products) to you or to users generally and may not be able to provide you with prior notice. We
also retain the right to create limits on use and storage at our sole discretion at any time without
prior notice to you.

Kwippe does not currently plan to include advertising in its Products. However, Kwippe does
reserve the right to do so in the future. To this end, you are advised and agree that the Products
may include advertisements, which may be targeted to the User Content or information on the
Products, queries made through the Products, or other information. The types and extent of
advertising by Kwippe on the Products are subject to change. In consideration for Kwippe
granting you access to and use of the Products, you agree that Kwippe and its third party
providers and partners may place such advertising on the Products or in connection with the
display of User Content or information from the Products whether submitted by you or others.

b. License for Content.

Content ” or “ Content Files ” means image files available from Kwippe’s database. As stated
above, the Content made available through Kwippe’s Products has been obtained from third
parties, compiled for the convenience of the User, and optimized for a better experience in using
our Software and Services.. The identity of the third parties from whom the images were
obtained and the licensing terms for the use of those images and artwork are provided for the
User’s reference. The License granted by Kwippe herein is subject to the license for the specific
Content, and the User agrees to faithfully comply with the terms of that third-party licensing if
the User makes use of that Content.

In addition to the Content for which a source is stated, there are a limited number of images in
our Content that are generally considered to be open source due to their longstanding use by the
public without attribution or other licensing by the author and thereby dedicated to public use.
These images are disclosed as such. Kwippe cautions the User that ownership of these images is
unknown. The only obligation or warranty undertaken by Kwippe with respect to these images is
that Kwippe will continue to maintain a DCMA policy and will comply with its DCMA
obligation concerning these images going forward. If Kwippe becomes aware that these images
are not open source Kwippe will take appropriate action at that time and provide information on
that DCMA claim through its DCMA policy page.

Unless the documentation or specific license associated with the Content Files, as set forth by the
source of those files, states otherwise, you may use, display, modify, reproduce, and distribute
any of the Content Files. You agree, however, that you will not claim any intellectual property
rights superior to those of Kwippe with respect to the Content Files.

c. Kwippe Intellectual Property

Notwithstanding any license granted herein, Kwippe remains the sole owner of all right, title,
and interest in the Services and Software, excluding the Content. We reserve all rights not
expressly granted under these terms.

Kwippe asserts no rights to the raw images comprising the Content it has curated and made
available with its Products. However, to the extent that Kwippe has optimized and/or modified
the image files of the Content for use in its system, and to the extent not prohibited by the
licensing agreements for the images included in Content, Kwippe reserves all rights (including
copyright) in and to the modifications it has made to those files, and to the specific form of data
comprising those images as provided with its Products.

d. Modification.

We may modify these terms or any additional terms that apply to the Products to, for example,
reflect changes to our Products. You should check these terms regularly. We will post notice of
modifications to these terms on this page, and will provide email notice to those Users who are
currently using our paid services. We may but will not necessarily provide email notification of
changes to those Users not currently using our paid services. By continuing to use or access the
Products after the revisions come into effect, you agree to be bound by the revised terms.

2. Using Kwippe

a. Ownership of User Content

The images that you create using our Products are referred to as “ User Content .” Kwippe
retains all rights to its Content not inconsistent with the license granted herein even if
incorporated into User Content. Kwippe asserts no rights to any images that the User may
import into the app, or to any variations or derivatives created using the app.

Your right to assert a copyright or other intellectual property right in any image you have created
with the Products is a legal issue, and may vary depending on the extent of the modifications
made, source of the image, and licensing terms of the original image. Kwippe makes no
representations or warranties that you have any enforceable intellectual property rights in any
images you may create with the Products or the Content.

Kwippe may make provision for a User to share or publically post User Content. Subject to
these Terms of Service and our Policies, you retain any rights you may have to any User Content
you submit, post or display on or through the Products. You are responsible for your use of the
Products, for any User Content you post to the Products, and for any consequences thereof.
Once you post User Content to Kwippe or other public third-party services or websites, you may
not be able to remove it from public third-party services or websites. You should only provide
User Content that you are comfortable sharing with others under these Terms.

b. Display of User Content

User Content, whether publicly posted or privately transmitted, is the sole responsibility of the
person who originated such User Content. We may not monitor or control the User Content
posted via the Products and, we cannot take responsibility for such User Content. Any use or
reliance on any User Content or materials posted via the Products or obtained by you through
the Products is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or
reliability of any User Content or communications posted via the Products or endorse any
opinions expressed via the Products. You understand that by using the Products, you may be
exposed to User Content that might be inaccurate, objectionable, offensive, harmful or
otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise
deceptive. Under no circumstances will Kwippe be liable in any way for any User Content,
including, but not limited to, any errors or omissions in any User Content, or any loss or damage
of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or
otherwise made available via the Products or broadcast elsewhere.

Kwippe takes no responsibility and assumes no liability for any User Content that you or any
other user or third party posts or transmits using our Products.

c. Kwippe’s Use of User Content

(i) Licenses to Your Content in Order to Operate the Services. You grant Kwippe a non-
exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display,
reproduce, modify, create derivative works, perform, publish, transmit, modify as appropriate,
translate, display and distribute your User Content on Kwippe in any and all media or
distribution methods (now known or later developed). This license is limited to the purposes of
(1) responding to user driven actions (such as when you choose to store privately or share your
content with others) or (2) for the purpose of operating or improving the Services.

Nothing in these Terms shall restrict other legal rights Kwippe may have to User Content, for
example, under other licenses.

(ii) Access to User Content. We will only access, view, or listen to your content in limited ways.
For example, in order to perform the Services, we may need to access or view your content to
(a) respond to support requests; (b) detect, prevent, or otherwise address fraud, security,
unlawful, or technical issues; (c) to monitor these terms, (d) to compile data ands statistics on
the use of the Software or Services, or (e) as otherwise provided for in our Privacy Policy

d. Sharing Your User Content

(i) Sharing. Some Services may provide features that allow you to Share your content with other
users or to make it public. “ Share ” means to email, post, transmit, upload, or otherwise make
available (whether to us or other users) through your use of the Services. Other users may use,
copy, modify, or re-share your content in many ways. Please consider carefully what you
choose to Share or make public as you are entirely responsible for the content that you Share.

(ii) Level of Access. We do not monitor or control what others do with your content. You are
responsible for determining the limitations that are placed on your content and for applying the
appropriate level of access to your content. If you do not choose the access level to apply to your
content, the system may default to its most permissive setting. It’s your responsibility to let
other users know how your content may be shared and adjust the setting related to accessing or
sharing of your content.

(iii) Extent of License for Publically Shared User Content. With respect to any User Content
you agree to share publically, you agree that the license granted Kwippe includes the right for
Kwippe to provide, promote, and improve the Products and to make such User Content
submitted to or through the Products available to other companies, organizations or individuals
who may now or in the future partner with Kwippe for the syndication, broadcast, distribution or
publication of such User Content on other media and services, subject to our terms and
conditions for such User Content use. Such additional uses by Kwippe, or other companies,
organizations or individuals who partner with Kwippe, may be made with no compensation paid
to you with respect to the User Content that you submit, post, transmit or otherwise make
available through the Products.

(iv) Comments. The Services may allow you to comment on content. Comments are not
anonymous, and may be viewed by other users. Your comments may be deleted by you, other
users, or us.

e. Selling Your User Content

We may allow you to license your User Content to other users through our Services. If available,
you may choose to license your content through us under a separate agreement with Kwippe or
directly to other users under an agreement between you and the buyer.

f. Viewing User-Generated Content

We may provide for the display of user-generated images on our website or social media
accounts. If you access our Services, you may come across content that you find offensive or
upsetting. Your sole remedy is to simply stop viewing those images. If available, you may also
click on the “Report” button to report the content to us.

g. Storage of User Content

When the Software or Services provide storage, we recommend that you continue to back up
your content regularly. We may create reasonable technical limits on storage of your content,
such as limits on file size, storage space, processing capacity, and other technical limits.

The data used and saved by Kwippe is primarily saved into the browser. If you clean the
browser data cache this may delete your work. For this reason we suggest you save all your
work to the cloud or your hard drive in addition to the set or gallery in the application. Some
versions of the Kwippe application may provide for syncing to Users account. We nevertheless
strongly advise regularly saving all important work to your hard drive or separate cloud account.

h. Retention and Use of Content after Termination of Account or Deletion of Images

Following termination or deactivation of your account, or if you remove any User Content from
Kwippe, we may retain your User Content for a commercially reasonable period of time for
backup, archival, or audit purposes. While Kwppe may not delete user content immediately
upon termination or deactivation of your account, Kwippe does not agree to and will not be
responsible for retaining any User Content or other User information or data following
deactivation or termination of your account.

i. Feedback You Provide

We value hearing from our users, and are always interested in learning about ways we can make
Kwippe better. If you choose to submit comments, ideas or feedback, you agree that we are free
to use them without any restriction or compensation to you. By accepting your submission,
Kwippe does not waive any rights to use similar or related Feedback previously known to
Kwippe, or developed by its employees, or obtained from sources other than you.

3. Restrictions on Content and Use of the Products

Please review the Kwippe Acceptable Use Policy (which are part of these Terms) to better
understand what is prohibited in using the Products. We reserve the right at all times (but will
not have an obligation) to remove or refuse to distribute any User Content on the Products, to
suspend or terminate users, and to reclaim usernames without liability to you. We also reserve
the right to access, read, preserve, and disclose any information as we reasonably believe is
necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii)
enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or
otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v)
protect the rights, property or safety of Kwippe, its users and the public.

Except as permitted by these Terms, you have to use the Kwippe web application or API if you
want to create Kwippe artwork. You agree that you will not use the Products, including but not
limited to any code, artwork, artwork parts, concepts, functions, or user interface, except to
produce, create, or share Kwippe artwork, and will not reproduce, modify, create derivative
works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the
User Content or Products in or to create competing products or services.

You may not do any of the following while accessing or using the Products: (i) access, tamper
with, or use non-public areas of the Products, Kwippe’s computer systems, or the technical
delivery systems of Kwippe’s providers; (ii) probe, scan, or test the vulnerability of any system
or network or breach or circumvent any security or authentication measures; (iii) access or
search or attempt to access or search the Products by any means (automated or otherwise) other
than through our currently available, published interfaces that are provided by Kwippe (and only
pursuant to those terms and conditions), unless you have been specifically allowed to do so in a
separate agreement with Kwippe (for example, scraping the Products without the prior consent
of Kwippe is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the
header information in any email or posting, or in any way use the Products to send altered,
deceptive or false source-identifying information; (v) attempt to decompile, copy or reproduce
in any way the code of Kwippe and its Products, or (vi) interfere with, or disrupt, (or attempt to
do so), the access of any user, host or network, including, without limitation, sending a virus,
overloading, flooding, spamming, mail-bombing the Products, or by scripting the creation of
Content in such a manner as to interfere with or create an undue burden on the Products.

4. Privacy

Any information that you provide to Kwippe is subject to our Privacy Policy, which governs our
collection and use of your information. You understand that through your use of the Products
you consent to the collection and use (as set forth in the Privacy Policy) of this information,
including the transfer of this information to the United States and/or other countries for storage,
processing and use by Kwippe. As part of providing you the Products, we may need to provide
you with certain communications, such as service announcements and administrative messages.
These communications are considered part of the Products and your Kwippe account, which you
may not be able to opt-out from receiving.

5. Security

We care about the security of our users. While we work to protect the security of your content
and account, Kwippe cannot guarantee that unauthorized third parties will not be able to defeat
our security measures. Please notify us immediately of any compromise or unauthorized use of
your account.

You are responsible for safeguarding the password that you use to access the Products and for
any activities or actions under your password. We encourage you to use “strong” passwords
(passwords that use a combination of upper and lower case letters, numbers and symbols) with
your account. Kwippe cannot and will not be liable for any loss or damage arising from your
failure to comply with the above.

Our Products may contain links to third-party websites, advertisers, services, special offers, or
other events or activities that are not owned or controlled by Kwippe. We do not endorse or
assume any responsibility for any such third-party sites, information, materials, products, or
services. If you access any third party website, service, or content from Kwippe, you do so at
your own risk and you agree that Kwippe will have no liability arising from your use of or
access to any third-party website, service, or content.

6. Copyright Policy

Kwippe respects the intellectual property rights of others and expects Users of the Products to
do the same. We will respond to notices of alleged copyright infringement that comply with
applicable law and are properly provided to us.

a. User Content

If you believe that your User Content has been copied in our Services or Products in a way that
constitutes copyright infringement, please provide us with the following information: (i) a
physical or electronic signature of the copyright owner or a person authorized to act on their
behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii)
identification of the material that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled, and information
reasonably sufficient to permit us to locate the material; (iv) your contact information, including
your address, telephone number, and an email address; (v) a statement by you that you have a
good faith belief that use of the material in the manner complained of is not authorized by the
copyright owner, its agent, or the law; and (vi) a statement that the information in the
notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of
the copyright owner.

Our designated copyright agent for notice of alleged copyright infringement for your User
Content appearing on the Products is:

Attn: Copyright Agent
P.O. Box 201271
Anchorage, AK 99520-

We reserve the right to remove User Content alleged to be infringing without prior notice, at our
sole discretion, and without liability to you. In appropriate circumstances, Kwippe will also
terminate a user’s account if the user is determined to be a repeat infringer.

b. “Content”

If you claim that we are infringing upon your copyright with respect to any images, we will
respond to clear notices of copyright infringement consistent with the Digital Millennium
Copyright Act (“DMCA”). You can learn more about Kwippe’s IP policies and practices here:

7. Termination of Account

The Terms will continue to apply until terminated by either you or Kwippe as follows.

You may end your legal agreement with Kwippe at any time for any reason by deactivating your
accounts and discontinuing your use of the Products. You do not need to specifically inform
Kwippe when you stop using the Products. If you stop using the Products without deactivating
your accounts, your accounts may be deactivated due to prolonged inactivity under our Inactive
Account Policy.

We may suspend or terminate your accounts or cease providing you with all or part of the
Products at any time for any reason, including, but not limited to, if we reasonably believe: (a)
you breach any provision of these terms (or act in a manner that clearly shows you do not intend
to, or are unable to, comply with these terms); (b) you fail to make the timely payment of fees
for the Software or the Services, if any; (c) we are required to do so by law (for example, where
the provision of the Services or Software to you is, or becomes, unlawful); (d) we elect to
discontinue the Services or Software, in whole or in part, (such as if it becomes impractical for
us to continue offering Services in your region due to change of law); (e) you create risk or
possible legal exposure for us; or (f) there has been an extended period of inactivity in your free
account. We will make reasonable efforts to notify you by the email address associated with
your account or the next time you attempt to access your account.

Upon expiration or termination of these terms, any perpetual licenses you have granted, your
indemnification obligations, our warranty disclaimers or limitations of liabilities, and dispute
resolution provisions stated in these terms will survive. Upon the expiration or termination of
the Services, some or all of the Software may cease to operate without prior notice. Nothing in
this section shall affect Kwippe’s rights to change, limit or stop the provision of the Products
without prior notice, as provided above in section 1.

8. Disclaimers and Limitations of Liability

Please read this section carefully since it limits the liability of Kwippe and its parents,
subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives,
partners, and licensors (collectively, the “Kwippe Entities”). Each of the subsections below only
applies up to the maximum extent permitted under applicable law. Some jurisdictions do not
allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a
result the contents of this section may not apply to you. Nothing in this section is intended to
limit any rights you may have which may not be lawfully limited.

a. The Products are Available “AS-IS”

Your access to and use of the Products or any User Content are at your own risk. You
understand and agree that the Products are provided to you on an “AS IS” and “AS
AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under

The Kwippe Entities make no warranty and disclaim all responsibility and liability for: (i) the
completeness, accuracy, availability, timeliness, security or reliability of the Products or any
User Content; (ii) any harm to your computer system, loss of data, or other harm that results
from your access to or use of the Products or any User Content; (iii) the deletion of, or the
failure to store or to transmit, any User Content and other communications maintained by the
Products; and (iv) whether the Products will meet your requirements or be available on an
uninterrupted, secure, or error-free basis. No advice or information, whether oral or written,
obtained from the Kwippe Entities or through the Products, will create any warranty not
expressly made herein.

We specifically disclaim any liability for any actions resulting from your use of any Services or
Software. You may use and access the Services or Software at your own discretion and risk, and
you are solely responsible for any damage to your computer system or loss of data that results
from the use and access of any Service or Software.

b. Third-party Images, Websites or Resources

As stated above, the artwork and images made available through Kwippe’s Products have been
obtained from third parties. The identity of the third parties from whom the images were
obtained and links to the licensing terms for the use of those images and artwork are provided.
Kwippe cannot provide any assurances or warranties that the content is owned by the third party
as stated, that the license terms are as reflected, or that you are authorized to make any specific
use of that Content. Kwippe can only warrant that the images are from the stated source. The
User should do its additional due diligence to a level appropriate to the use to which the User
intends to make of the image or its derivative.

The Products may contain links to third-party websites or resources. You acknowledge and
agree that the Kwippe Entities are not responsible or liable for: (i) the availability or accuracy of
such websites or resources; or (ii) the content, products, or services on or available from such
websites or resources. Links to such websites or resources do not imply any endorsement by the
Kwippe Entities of such websites or resources or the content, products, or services available
from such websites or resources. You acknowledge sole responsibility for and assume all risk
arising from your use of any such websites or resources.

c. Limitation of Liability









d. No Class Actions

You may only resolve disputes with us on an individual basis, and may not bring a claim as a
plaintiff or a class member in a class, consolidated, or representative action.

e. Injunctive Relief

Notwithstanding the foregoing, in the event of your or others’ unauthorized access to or use of
the Services or content in violation of these terms you agree that we are entitled to apply for
injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

9. General Terms

a. Waiver and Severability

The failure of Kwippe to enforce any right or provision of these Terms will not be deemed a
waiver of such right or provision. In the event that any provision of these Terms is held to be
invalid or unenforceable, then that provision will be limited or eliminated to the minimum
extent necessary, and the remaining provisions of these Terms will remain in full force and

b. Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of Alaska
without regard to or application of its conflict of law provisions or your state or country of
residence. All claims, legal proceedings or litigation arising in connection with the Services will
be brought solely in the federal or state courts located in Anchorage, Alaska, United States, and
you consent to the jurisdiction of and venue in such courts and waive any objection as to
inconvenient forum.

If you are a federal, state, or local government entity in the United States using the Services in
your official capacity and legally unable to accept the controlling law, jurisdiction or venue
clauses above, then those clauses do not apply to you. For such U.S. federal government entities,
these Terms and any action related thereto will be governed by the laws of the United States of
America (without reference to conflict of laws) and, in the absence of federal law and to the
extent permitted under federal law, the laws of the State of Alaska (excluding choice of law).

c. Entire Agreement

These Terms, the Acceptable Use Policies, Inactive Use Policies, and our Privacy Policy are the
entire and exclusive agreement between Kwippe and you regarding the Products (excluding any
services for which you have a separate agreement with Kwippe that is explicitly in addition or in
place of these Terms), and these Terms supersede and replace any prior agreements between
Kwippe and you regarding the Products. Other than the Kwippe Entities, no other person or
company will be third party beneficiaries to the Terms.

We may revise these Terms from time to time, the most current version will always be at If the revision, in our sole discretion, is material we will notify you via an update
or e-mail to the email associated with your account. By continuing to access or use the Products
after those revisions become effective, you agree to be bound by the revised Terms.

d. Availability

Pages describing the Services are accessible worldwide but this does not mean all Services or
service features are available in your country, or that user-generated content available via the
Services is legal in your country. We may block access to certain Services (or certain service
features or content) in certain countries. It is your responsibility to make sure your use of the
Services is legal where you use them. Services are not available in all languages.

e. Account Information

You are responsible for all activity that occurs via your account. Please notify us immediately if
you become aware of any unauthorized use of your account. You may not (a) share your account
information (except with an authorized account administrator) or (b) use another person’s
account. Your account administrator may use your account information to manage your use and
access to the Services.

f. Fees and Payment

Kwippe uses a third-party payment system. You agree to pay any applicable third-party fee
(including, for example telephone toll charges, mobile carrier fees, ISP charges, data plan
charges, credit card fees, foreign exchange fees, foreign transaction fees). You also agree to pay
any applicable taxes that may accrue as a result of your purchase or use of the Products. We are
not responsible for these fees and taxes. Should we elect to take steps to collect the fees you
owe us, you acknowledge and agree that you will be responsible for all related collection costs
and expenses.

g. Indemnification

You will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, and
licensors from any claim, demand, loss, or damages, including reasonable attorneys’ fees,
arising out of or related to your content, your use of the Services or Software, or your violation
of these terms.

h. Export Control Laws

The Software, Services, content, and your use of the Software, Services, and content, are subject
to U.S. and international laws, restrictions, and regulations that may govern the import, export,
and use of the Software, Services, and content. You agree to comply with all the laws,
restrictions, and regulations.

i. Compliance with Licenses

If you are a business, company, or organization, then we may request and you agree to provide
us, within 30 days of our request, all records and information requested by us in order to verify
that the installation and use of any and all Software and Services is in conformity with your
valid licenses from us.

j. Miscellaneous

(i) Controlling Language. The English version of these terms will be the version used when
interpreting or construing these terms.

(ii) Notices. You may send the notices to us at the following address: Kwippe, P.O. Box
201271, Anchorage, Alaska, USA 99520, Attention: General Counsel. We may notify you by
email, text message, U.S. or International mail, notices posted within the Products, or other
legally acceptable means.

(iii) Assignment. You may not voluntarily assign or otherwise transfer these terms or your rights
and obligations under these terms, in whole or in part, without our written consent. Any such
attempt to do so will be void. We may transfer our rights under these terms to a third party. This
Agreement, the obligations hereunder and the documents executed pursuant to this Agreement
shall enure to the benefit of and be binding upon the heirs, devisees, executors, administrators,
assigns, representatives, beneficiaries and successors in interest to the parties hereto.

(iv) Severability. If any provision of this Agreement shall be determined to not be enforceable,
the unenforceability of that provision will not affect the enforceability of the remainder of this

(v) No Waiver. Our failure to enforce or exercise any of the terms of this Agreement shall not be
construed as a waiver of that section, and any waiver of the enforcement of any provision of this
Agreement shall not obligate or be construed to require any subsequent waiver under any

If you have any questions about these Terms, please contact us.

Effective Date: August 1, 2017