This Terms of Use Agreements explain the terms and conditions under which you are able to use services provided by Kindlerella. Please read carefully this Terms of Use document, and keep a copy of it for your reference.

BY ACCESSING OUR WEBSITE, OUR SERVICES OR ACCESSING ANY CONTENT THAT IS MADE AVAILABLE BY KINDLERELLA YOU EXPRESS YOUR AGREEMENT TO BE LEGALLY BOUND BY OUR TERMS OF SERVICE STATED IN THIS DOCUMENT, SO PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES AS YOU ARE ENTERING INTO A BINDING CONTRACT WITH KATARINA MARKOTA D/B/A KINDLERELLA. IF YOU DO NOT AGREE WITH (OR CANNOT COMPLY WITH) THE TERMS AND CONDITIONS SET FORTH BELOW, DO NOT USE OR ACCESS OUR SERVICES.

These Terms do not interfere with any obligation or authorization provided in any other agreement concluded between you and Kindlerella.

1.1       The following definitions explain some of the terminology and abbreviations used throughout our Terms of Use Agreements:

            ‘Terms/Agreement’ refers to the latest version of this Terms of Use Agreement document.

            ‘Site’ refers to the website available on <https://www.kindlerella.com/>, or any other URL which may host Kindlerella websites or Services.

            ‘User/You’ refers to any person using our Services or accessing the Site.

            ‘We/Us/Kindlerella’ refers to Katarina Markota d/b/a Kindlerella and the Site.

            ‘Privacy Policy’ refers to Privacy Policy document governing the rules of collecting, using and storing information provided by Users.

            ‘Third-Party’ refers to any application, website, natural or legal entity other than Kindlerella.

            ‘Content’ refers to all images, text, audio and video data or any other information located on the Site.

            ‘User Generated Content’ refers to the Content provided by the Users.

‘Information’ refers to information about the Users themselves provided for the purpose of using our Services.

            ‘Services’ refers to the functionality of the Site, and availability of the content provided by Kindlerella and User Generated Content.

2.1       By using the Services, you confirm that you are at least 18 years of age. By accessing the Site or using our Services, you confirm that you will not use the Site or the Services contrary to these Terms or applicable laws.

2.2       We may not control who uses the Site or the Services, so it is upon you to assess whether using the Site or our Services is in compliance with any local laws and regulations. Whenever you are using our Site or Services you will need to comply with these Terms and any applicable laws, regulations and policies. If any part of the Site or the Services is not in compliance with your local laws, you may not use the Site and the Services. Any such Service will be considered as ‘not available in your region’.

2.3       Some of the Services provided are only available upon provision of some personal Information. You are able to use these Services on the Site by completing the appropriate forms. The collection, use, and storage of Information are regulated by our Privacy Policy document and applicable laws. Users are required to provide true, accurate, current and complete information about themselves as prompted by the forms provided. If you provide information contrary to the aforementioned conditions, we may deny you or terminate your access to parts of our Services. We are not responsible for any failure in providing the Services which results from information that is not true, accurate, current, and complete.

2.4       You agree that you will not misuse our Services. A misuse constitutes any use, access or interference with the Site or Service contrary to Terms, Privacy Policy, and applicable laws and regulations. We can, in our sole discretion, suspend or terminate access to all or parts of the Services to any User, without prior notice or need to explain the reasons for such measure. We reserve the right to deny Services to anyone at any time. During your use of our Services, you will not behave contrary to the Terms, Policies, applicable laws and regulations, and you will especially not, without limitation, do any of the following:

(i)         send or otherwise post unauthorized commercial communications (such as spam) through the Site;

(ii)        collect Users' content or information, or otherwise, access the Site using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;

(iii)       upload viruses or other malicious code;

(iv)      bully, intimidate, or harass any other User;

(v)       post or transmit content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or contains graphic or gratuitous violence or is otherwise objectionable to third parties;

(vi)      harass, threaten, embarrass or cause distress or discomfort upon another individual or entity or impersonate any other person or entity or otherwise restricting or inhibiting any other person from using or enjoying the Site;

(vii)     take any action creating a disproportionately large usage load on our Site unless expressly permitted by Kindlerella;

(viii)    post or transmit content that is misleading.

(ix)       communicate any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships, or otherwise infringes or violates someone else's rights;

(x)        encourage participation in or promote any contents, pyramid schemes, surveys, chain letters or spamming, or unsolicited emailing through the Site;

(xi)       post or transmit hyperlinks to other websites that violate these Terms;

(xii)      facilitate or encourage any violation of these Terms.

2.5       Users are solely responsible for their own content and the consequences of making the content available to third-parties.

2.6       The copyright and all intellectual property rights in the Site belong to Kindlerella or are used with appropriate permissions. It includes design, all database rights, trademarks, text, graphics, code, file and links, service marks, and the selection and set up thereof. All rights are reserved.

2.7       Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and use the Site and other Content provided by Kindlerella. Except as expressly permitted in these Terms, you may not: copy, modify or create derivative works based on the Site and their Content; distribute, transfer, sublicense, lease, lend or rent the Site or their Content to any third party; reverse engineer, decompile or disassemble the Site; or make the functionality of the Site available to multiple users through any means.

2.8       If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to Kindlerella:

            1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

            2. A description of the copyrighted work or other intellectual property that you claim has been infringed;

            3. A description of where the material that you claim is infringing is located on the Site;

            4. Your name, address, telephone number and e-mail address;

            5. A signed statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

            6. A statement by you, made under a penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

2.9       You can reach us for all matters regarding the copyright at contactkindlerella@gmail.com.

2.10     If you post content on or through the Site, you grant us a non-exclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, distribute, and display such User Generated Content on the Site and on any other marketing material we may create. Whenever we might use the User Generated Content we will give appropriate credit to the content provider through their name.

2.11     We aim to provide a safe space for all our Users. However, considering how we do not monitor User Generated Content, you agree to inform us immediately if you come across any illegal activity, activity that is in breach of these Terms, or activity you suspect might be in violation of these Terms or applicable laws or might otherwise be objectionable. Although we expressly prohibit posting of any User-Generated Content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or contains graphic or gratuitous violence or is otherwise objectionable to third parties, we do not pre-screen the content, so you hereby agree that you may be exposed to any such content and that you use the Site and the Services at your own risk. We reserve the right to remove any content which we find to constitute a breach of these Terms or relevant laws, without notifying the Users or providing reasoning for such action. You recognize and concur that Kindlerella bears no obligation regarding the risk, harm, damage, or loss that might emerge from content submitted to or distributed on the Site. You further understand that by providing your content online, other people will have access to such content and they will be able to copy, share or otherwise interact with such content. If you do not want your content to be used as described the only remedy is to not share your content.

2.12     Some content on the Site, such as an advertisement may be provided by the Third - Parties. We are not responsible for such content, nor do we monitor or control the content provided by the Third - Parties.

3.1       The Services may be made available or accessed in connection with third-party services and content (including advertising) that Kindlerella does not control. We may also provide you with links leading to the Third - Parties. You acknowledge that different Terms of Service and privacy policies may apply to your use of such third party services and content. Kindlerella does not endorse such third party services and content and in no event shall Kindlerella be responsible or liable for any products or services of such Third - Party providers.

4.1       We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.

4.2       Whenever the link from the Site leads to other location you may assume that Kindlerella has a financial interest in such location, whether by earning a commission of the sales or for increasing the traffic on the target location.

4.3       Kindlerella does not sell any product listed on the Site. Kindlerella does not take any responsibility nor do we make any guarantee for any purchase made by following the links on the Site. You may be offered special terms for purchase by following the links hosted on the Site. Whenever there is such a case, you will be appropriately informed on these terms.

5.1       You will indemnify and hold harmless Kindlerella, and its employees and affiliates, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your access to or use of the Site and our Services, content which you provide, or your violation of these Terms.

6.1       YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE KINDLERELLA SERVICE IS TO STOP USING THE KINDLERELLA SERVICES.

6.2       TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW KINDLERELLA, ITS EMPLOYEES, OFFICERS, SHAREHOLDERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, SUPPLIERS, ASSIGNEES OR LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF YOUR ACCESS OR USE OR INABILITY TO ACCESS OR USE THE KINDLERELLA SERVICES, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, INCLUDING WITHOUT LIMITATION ANY OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE, REGARDLESS OF LEGAL THEORY, EVEN IF KINDLERELLA HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

6.3       Kindlerella, its employees, agents, and its directors do not accept any liability and you hereby agree to release us of any liability arising (whether directly or indirectly) out of the information provided through the Site, or any errors, in or omissions from the information on the Site. Kindlerella is not liable for loss (whether directly or indirectly) caused by your actions or decisions based on your reliance on the information provided to you through the Site, nor caused by the delay, malfunction of the operation or the availability of the Site.

6.4       Kindlerella does not guarantee that the information on the Site is correct. All information on the Site is strictly for entertainment purposes and should not be considered as advice, recommendation or suggestion of any kind.

7.1       The information provided through the Site is provided solely for informational, educational, or entertainment purposes. Kindlerella is neither a financial institution nor a financial or legal advisor. Kindlerella makes no representations, warranties, or guarantees, express or implied, regarding the results that may be obtained through the use of the Services or by participating in any of the Kindlerella’s programs. Nothing displayed on the Site, or provided through the Services may be interpreted as a promise or a guarantee of any kind, regarding your potential earnings or specific results. Whenever we refer to potential earnings and effects of our Services or effect of following the Content, we are expressing our opinions and not stating the facts or professional advice. While following the steps provided on the Site may work for some people, they just as well may not work for you.

7.2 Kindlerella, its employees, agents, and its directors do not accept any liability and you hereby agree to release us of any liability arising (whether directly or indirectly) out of the information provided through the Services, or any errors, in or omissions from such information. Kindlerella is not liable for loss (whether directly or indirectly) caused by your actions or decisions based on your reliance on the information provided to you through the Services, nor caused by the delay, malfunction of the operation or the availability of the Services.

7.3       Different statements made as part of the Content, including but not limited to those which express a belief, expectation, and other statements which do not represent a historical fact, are forward-looking statements. Whenever we are making a prediction or future speculation, and especially when we are using words like "believe", "estimate", "anticipate", "plan", "predict", "may", "hope", "can", "will", "should", "expect", "intend", "is designed to", "with the intent", "potential", the negative of these words or such other variations thereon or comparable terminology, we are only expressing our opinion and we are not under any circumstance stating a fact. These forward-looking statements are made considering the conditions at the time of their making, and we are under no obligation to update these statements if the conditions change in such way to affect the statements.

8.1       Any prior experience, testimony, or result is not a guarantee that equal success will be achieved in your circumstances. Testimonials found on the Site may or may not be representative of all reasonably comparable Users. Past performance or results are not indicative of future results or success. Testimonials are not indicative of future success and have not been verified by an independent third party.

8.2       Testimonials provided on the Site are unsolicited and are non-representative of all Users. The individuals quoted in the testimonials used were not paid to be quoted unless specifically identified. Individual results vary and no representation is being made that Users will or are likely to achieve profits or incur losses comparable to those that may be shown. Some may experience worse results than those which provided their testimonials. To the extent that we included any testimonials or case studies on the Site or in our Services, you can assume that none of these stories in any way represent the “average” or “typical” customer experience.

9.1       KINDLERELLA MAY MAKE CHANGES OR REPLACE OUR TERMS OF USE AGREEMENT AT ANY TIME. WE WILL POST SUCH CHANGES, REPLACEMENTS AND UPDATES ON THE SITE AND SUCH CHANGE, REPLACEMENT AND UPDATE TO OUR TERMS OF USE AGREEMENTS WILL TAKE EFFECT IMMEDIATELY UPON POSTING. YOU ARE CONSENTING TO KEEP YOURSELF UP TO DATE WITH THE LATEST POSTED TERMS OF USE AGREEMENTS AND YOU ACCEPT AND ARE BOUND BY SUCH CHANGE, REPLACEMENT AND UPDATE IF YOU ACCESS OR USE OUR SERVICE AFTER WE HAVE POSTED UPDATED TERMS OF SERVICE. THE TERMS OF USE AGREEMENTS APPLIES REGARDLESS FROM WHICH PLATTFORM YOU ACCESS OUR SITE.

10.1     This Agreement shall be governed by and construed under the laws of the Republic of Serbia, without regard to its conflict of law provisions, as applied to agreements entered into and to be performed in the Republic of Serbia by the Serbian residents. You agree that if you have any dispute with Kindlerella you will contact us in order to settle through negotiations and mutual understanding. If the solution can not be reached in negotiations you agree and hereby submit to the exclusive jurisdiction of the courts in Nis, Republic of Serbia.

11.1     If any part of these Terms is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity or enforceability of the remainder of the Terms. The section titles in the Terms are for convenience only and have no legal or contractual effect. Any failure to exercise or enforce any right or the provision of this agreement shall not constitute a waiver of such right or provision.

11.2     These Terms may be available in multiple languages, however, English version will be considered as the authentic and official version.