KEMET Google Android Mobile App Terms Of Use

Policy

KEMET GOOGLE ANDROID MOBILE APP TERMS OF USE

Last Updated:  November 1, 2020

Welcome to the KEMET Android mobile application (the “App”).  These Terms of Use constitute a legally binding agreement between KEMET (“KEMET, “we” or “us”) and you, whether personally or on behalf of an entity “you”).  These Terms of Use govern your access to and use of the App.  You agree that by accessing and using the App, you have read, understood, and are bound by these Terms of Use. 

IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE APP OR ANY CONTENT ON THE APP. 

You and KEMET acknowledge that these Terms of Use constitute an agreement between you and KEMET only (“Agreement”) and not Google, Inc. (“Google”) and that KEMET, not Google, is solely responsible for the App and its Content (as defined below).

These Terms of Use also apply to any and all materials, documents, pages, software, text, images, video, audio, logos, slogans, user interfaces, visual interfaces, computer code, documents, graphics, simulations, product and service names, etc. (collectively “Content”) on the App. 

We reserve the right to change these Terms of Use from time to time, and at any time, without prior notice to you.  When you use the App and Content following any changes to these Terms of Use, you agree to be bound by any such changes.

In order to use the KEMET App, you must have an account or a Google ID on the Google Play store, which is owned and operated by Google.  Your use of the Google Play store is governed by a legal agreement between you and Google consisting of the Google Play Terms of Service (found at https://play.google.com/intl/en-us_us/about/play-terms/index.html) (the “Google Terms”).  You may not access or use the App if you do not comply with the Google Terms. 
 

USE TERMS

Our Intellectual Property Rights

You acknowledge and agree that KEMET and our licensors retain ownership of all intellectual property rights of any kind related to the App and Content, including all copyrights, trademarks, and other proprietary rights.  The App is protected by United States and international copyright, trademark, patent, trade secret, trade dress, and other intellectual property, proprietary rights, and unfair competition laws.  We reserve all rights that are not expressly granted to you under these Terms of Use.  Other product and company names that are mentioned on the App or contained in the Content may be intellectual property of their respective owner.

License Grant

Subject to these Terms of Use and the Google Terms, we grant to you a non-exclusive, non-transferable, non-sublicensable, personal, limited, revocable license to use the App for personal, non-commercial, informational purposes.  Any other use of the App is strictly prohibited.  We reserve all rights in and to the App.  We reserve the right to revoke this license at any time, in our sole discretion.  This license permits you to:  (a) download, install and use the App on tablet and mobile devices (the “Devices”) that you own or control as permitted by the Usage Rules set forth in the Google Terms; and (b) access, download, email and use on such Devices the Content made available in or otherwise accessible through the App, strictly in accordance with these Terms of Use. 

Permitted Use

You are permitted to use the App provided that you:  (1) do not remove any proprietary notice language related to the App; (2) use the App for your personal, non-commercial, informational purposes only; (3) do not copy, post, distribute, or disseminate the Content on any website, app, networked computer, Device, or media; and (4) do not modify the App.  Any use of the App not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

To request permission to use Content posted on the App for other than your personal, non-commercial, informational purposes, please submit your request to communications@kemet.com.  Please include a description of your proposed usage of the Content, along with a link or copy of the Content requested and your contact information.

Use Restrictions

THE UNAUTHORIZED COPYING, DISPLAYING, OR OTHER UNAUTHORIZED USE OF ANY CONTENT FROM THE APP IS A VIOLATION OF THE LAW. 

When using the App and Content, you agree to comply with all applicable laws, statutes, regulations, rules, etc., as well as these Terms of Use.  You agree that you will not under any circumstances:
 

  • Access the App or Content for any reason other than your personal, non-commercial, informational use;
  • Collect or harvest any personal information of any user of the App or Content; 
  • Resell, decompile, reverse engineer, disassemble, or otherwise convert the Content;
  • Upload, download, modify, publish, transmit, transfer, sell, copy, reproduce, republish, create derivative works, distribute, display, incorporate into other sites, apps or in any other way exploit the App, in whole or in part;
  • Use the App for any unlawful purpose or for the promotion of illegal activities;
  • Use the App to attempt to or to actually harass, abuse, or otherwise harm another person or group;
  • Use another user’s account without permission;
  • Intentionally allow another user to access your account;
  • Provide false or inaccurate information when registering for an account;
  • Interfere or attempt to interfere with the proper functioning of the App;
  • Make any automated use of the App or related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  • Bypass any robot exclusion headers or other measures we take to restrict access to the App and Content, or use any software, technology, or device to scrape, spider, or crawl the App and Content, or harvest or manipulate data;
  • Circumvent, disable, or otherwise interfere with any security-related features of the App and Content or features that prevent or restrict use or copying of Content, or enforce limitations on use of the App or Content accessible via the App; or
  • Publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s Devices, browser, or computer.

PRIVACY AND SECURITY

Privacy

KEMET respects the privacy of individuals who use the App and Content.  Our Privacy Policy, as incorporated herein, explains how we collect, use, and disclose your information when you use the App and Content.  When you use the App and Content, you also agree to our website Privacy Policy and Terms of Use.

Security

Certain portions of our App and Content are accessible only to users who have registered with the App and obtained login credentials (“Secure Users”).  If you are a Secure User, you agree to accurately maintain and update any information about yourself and your account that you have provided to us.  You further agree that you are responsible for all activities related to your Secure User account.  You are responsible for maintaining the confidentiality of your login credentials and you agree not to share your login credentials with any unauthorized parties.  You also agree to notify us promptly of any unauthorized use of your login credentials or any other breach of security that you become aware of involving or relating to the App or Content by emailing us at soc@kemet.com or calling us at 1-844-KEMETCA (1-844-536-3822).

We reserve the right to take any and all action we deem necessary or reasonable to maintain the security of the App, Content, and your account, including, without limitation, terminating your account, changing your password, or requesting information to authorize transactions on your account.  We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section.

DISCLAIMERS

KEMET DOES NOT WARRANT OR PROMISE THAT THE APPS OR CONTENT WILL BE ERROR-FREE OR DEFECT-FREE OR THAT THE APP AND SERVICES WILL BE UNINTERRUPTED.  FURTHERMORE, KEMET DOES NOT WARRANT OR PROMISE THAT ANY DEFECTS WILL BE CORRECTED, OR THAT USE OF THE APP OR CONTENT WILL PROVIDE SPECIFIC RESULTS.  THE APP AND CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS.  ALL INFORMATION PROVIDED ON THE APP OR CONTENT IS SUBJECT TO MODIFICATION WITHOUT ANY NOTICE TO YOU.  KEMET CANNOT ENSURE THAT ANY CONTENT DOWNLOADED FROM THE APP WILL BE FREE OF VIRUSES, MALICIOUS CODE OR CONTAMINATION, OR OTHER DESTRUCTIVE FEATURES.  KEMET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.  KEMET DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE APP AND CONTENT.  BY USING THE APP AND CONTENT, YOU ASSUME ALL RESPONSIBILITY FOR YOUR USE OF OUR APP, CONTENT, AND ANY LINKED APP.  YOUR SOLE REMEDY AGAINST KEMET FOR DISSATISFACTION WITH THE APP OR CONTENT IS SUBJECT TO THE TERMS OF THE LIMITATION OF LIABILITY SECTION BELOW.  BY USING THE APP, YOU AGREE TO THIS LIMITATION ON LIABILITY AS PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any liability, damages, or injury caused by any error, omission, interruption, deletion, defect, failure of performance, etc., related to operation of the App or Content on the App, whether for breach of contract, tort, negligence, or any other cause of action.

KEMET reserves the right to do any of the following, at any time, without notice:  (1) to modify, suspend, or terminate operation of the App; (2) to suspend or terminate your access to the App; (3) to modify or change the App as well as these Terms of Use; and (4) to suspend or interrupt the operation of the App, or any portion of the App, as required to perform routine or non-routine maintenance, system updates, or other modifications.

LIMITATION OF LIABILITY

EXCEPT WHERE PROHIBITED BY LAW, KEMET AND ITS AFFILIATES, PARTNERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, OR SUBCONTRACTORS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OF OR THE INABILITY TO USE THE APP OR CONTENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, OR LINE FAILURES.  KEMET SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS, OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.

KEMET SHALL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

IF, NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS OF USE, KEMET IS FOUND TO BE LIABLE TO YOU FOR ANY CLAIM, DAMAGE, OR LOSS WHICH ARISES OUT OF OR IS IN ANYWAY CONNECTED WITH YOUR USE OF THE APP OR CONTENT, KEMET’S LIABILITY SHALL IN NO EVENT EXCEED US $100.00.  SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. 

INDEMNIFICATION

YOU AGREE TO INDEMNIFY AND HOLD KEMET AND ITS AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, PARTNERS, AND LICENSORS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE APP, ANY CONTENT YOU SUBMIT, POST, TRANSMIT OR OTHERWISE MAKE AVAILABLE THROUGH THE APP, ANY SERVICES YOU USE, YOUR CONNECTION TO THE APP, YOUR VIOLATION OF THESE TERMS OF USE, OR YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY.
 

DMCA COPYRIGHT INFRINGEMENT CLAIM

KEMET takes copyright infringement claims seriously.  If you believe you have a copyright infringement claim related to the App or Content, you may request removal of the allegedly infringing Content from the App by submitting written notification to our designated copyright agent below.  In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include the following information:
 

  • Your physical or electronic signature;
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works related to the App or Content, please provide a list of such works;
  • Specific identification of the content you believe to be infringing so that we may locate and identify the subject content;
  • Your contact information (name, postal address, telephone number, and, if available, email address);
  • A good faith statement that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
  • A statement that to the best of your knowledge and belief, the written notice is accurate; and
  • A statement that you are authorized to act on behalf of the copyright owner signed under penalty of perjury.

The DMCA Notice should be sent to:

Legal Department
KEMET Electronics Corporation
KEMET Tower
1 East Broward Blvd., 2nd Floor
Fort Lauderdale, Florida 33301
USA 

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may be insufficient to complete your request.

Please be aware that if you knowingly and materially misrepresent that Content on the App infringes on your copyright you may be liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
 

GOVERNING LAW

By using the App, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of Florida, USA (without regard to its conflicts of law provisions), will govern these Terms of Use and any dispute or claim that may arise between you and KEMET related to your access to, and use of, the App.  Any and all claims under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. 
 

DISPUTE RESOLUTION, ARBITRATION, AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY.  IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Agreement to Mediation and Arbitration

If a dispute arises between you and KEMET related to these Terms of Use, or any breach thereof, and if the dispute cannot be settled through informal discussions, the parties agree to first submit the dispute to mediation administered by the American Arbitration Association (“AAA”) under its Commercial Mediation Procedures before resorting to binding arbitration.  Any controversy or claim arising from, or related to, these Terms of Use, or any breach thereof, that is not resolved by mediation shall be settled by binding arbitration administered by the AAA in accordance with its Commercial Arbitration Rules. 

The place of arbitration shall be Fort Lauderdale, Florida, USA.  Arbitration shall be conducted in the English language.  You hereby waive any objection to arbitration in Fort Lauderdale, Florida, USA.  Judgment on any award rendered by the arbitrator may be entered in the federal and state courts in Fort Lauderdale, Florida, USA.    

Class Action Waiver

You agree to resolve disputes related to these Terms of Use on an individual basis.  You may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.  Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed pursuant to these Terms of Use

Exclusions from Arbitration/Right to Opt-out

Notwithstanding the above, you or KEMET may choose to pursue a dispute in court and not by arbitration if:  (a) the dispute qualifies for resolution in small claims court; (b) the dispute involves intellectual property infringement claims; or (c) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES AND/OR CLASS ACTION WAIVER WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS OF USE (the “Opt-Out Deadline”).

You may opt-out of these terms by emailing us at legal@kemet.com with the following information:  (1) your name; (2) your address; and (3) a clear statement that you do not wish to resolve disputes with us through arbitration and/or you wish to opt out of the class action waiver.  Your decision to opt-out of binding arbitration and/or the class action waiver will not negatively affect your relationship with KEMET.  WE MUST STRICTLY ENFORCE THE OPT-OUT DEADLINE, so your opt-out email must be sent within thirty (30) days of your agreement to these Terms of Use.  If we do not receive your opt-out within 30 days, you will be bound to arbitrate any and all disputes in accordance with the terms of these Dispute Resolution, Arbitration, and Class Action Waiver clauses.

You agree to personal jurisdiction by, and venue exclusively in, the federal and state courts in Fort Lauderdale, Florida, USA.  You hereby waive any objection to such jurisdiction or venue.  

Severability

If any clause related to dispute resolution and arbitration is found to be illegal or unenforceable, that clause will not apply, but all enforceable terms will remain valid.  If the Class Action Waiver clause is found to be illegal or unenforceable, all the Dispute Resolution, Arbitration, and Class Action Waiver terms will be unenforceable, and the dispute will be decided by a court.

Survival of Dispute Resolution, Arbitration, and Class Action Waiver Terms

The Dispute Resolution, Arbitration, and Class Action Waiver terms shall survive the termination of any account you have with KEMET and your discontinued use of the App. 
 

THIRD PARTY CONTENT

The App and Content may contain content submitted by third parties.  KEMET does not approve or endorse such content.  Under no circumstances will KEMET be liable for third party content, including, but not limited to, any errors or omissions, or damages of any kind.  ANY THIRD PARTY CONTENT THAT YOU ACCESS, USE, DOWNLOAD OR OTHERWISE OBTAIN THROUGH YOUR USE OF THE APP OR CONTENT IS AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY AND ALL DAMAGES AND LOSSES THAT RESULT FROM YOUR ACCESS TO OR USE OF THIRD PARTY CONTENT.  YOU AGREE THAT YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY THIRD PARTY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT. 
 

USER CONTENT SUBMISSIONS

User content submissions may include user account registration, public sharing, posting of content, uploading, linking, downloading, viewing, blogging, commenting, chat room conversations, forum participation, or submitting or transmitting any content, including, but not limited to graphics, art, software, photography, simulations, graphs, code, data, text, video, audio, opinions, descriptions, etc. (collectively “User Content”).  

When you provide or submit User Content on the App, you are solely responsible for such content.  When submitting User Content, you agree that our App is a passive method for your online distribution and publication of your User Content.  However, KEMET reserves the right to remove any User Content from the App at any time at its sole discretion.

We grant you permission to use and access the App and Content, subject to the following conditions regarding User Content.  You agree that failure to adhere to any of these conditions constitutes a material breach of these Terms of Use.

By submitting, transmitting, posting, linking, etc., any User Content while using the App, you agree that:
 

  • You are solely responsible for your account and any content you submit and the activity that occurs while signed into or while using your account;
  • You will not post information that is malicious, libelous, false, or inaccurate;
  • You will not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
  • You retain all ownership rights in your User Content, but you are required to grant license rights to KEMET as set forth more fully under the “User Content License Grant” provision hereunder; 
  • You will not submit User Content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from the rightful owner to specifically submit such content; and
  • You hereby agree that we have the right to determine whether your User Content is appropriate and complies with these Terms of Use, remove any and/or all of your User Content, and terminate your account with or without prior notice.

You understand and agree that any liability, loss, or damage that occurs as a result of the use of any User Content that you make available or access through your use of the App and Content is solely your responsibility.  KEMET is not responsible for any public display or misuse of your User Content.  We do not, and cannot, pre-screen or monitor all User Content.  However, at our discretion, we, or the technology we employ, may monitor and/or record your interactions with the App and Content or with other users.

KEMET does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and KEMET expressly disclaims any and all liability in connection with User Content.  KEMET does not permit copyright infringing activities or infringement of KEMET intellectual property rights on its App, and KEMET will remove User Content if properly notified that such submission infringes on another’s intellectual property rights in accordance with DMCA Copyright Infringement Claims provisions.  KEMET reserves the right to remove User Content at its sole discretion without prior notice and without any liability whatsoever.
 

USER CONTENT LICENSE GRANT

By posting User Content on the App, you expressly represent and warrant that you have a right to grant, and do hereby grant, KEMET a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content.  This grant includes your name, voice, image, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for use in connection with the App and Content.
 

UNSOLICITED IDEA SUBMISSION POLICY

Do not send any confidential or proprietary information to KEMET through the App.  Any information you do send to KEMET through the App will be deemed NOT confidential (“Non-Confidential Information”).  For any Non-Confidential Information you do send, you hereby grant KEMET a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such Non-Confidential information.  You further agree that KEMET is free to use any ideas, concepts, know-how, or techniques that you send KEMET for any purpose whatsoever without compensation to you or any other person sending the Non-Confidential Information. 
 

LINKS TO OTHER SITES, APPS AND/OR CONTENT

Our App may contain links to third party sites, apps and content.  Such third party sites, apps and content are not under our control and we are not responsible for the operation, policies, practices, terms, etc. of such sites, apps or content.  KEMET provides links to third party sites, apps and content as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party sites, apps or content.  If you decide to access any third party site, app or content linked to our App or Content, you do so entirely at your own risk.  Third party websites, apps and content are subject to their own terms and policies, including privacy and information gathering practices.  KEMET MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO ANY THIRD PARTY SITE, APP OR CONTENT LINKED TO OUR SITES, APP OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, OWNERSHIP, VALIDITY, OR LEGALITY. 
 

GENERAL TERMS

If any part of this Terms of Use Agreement is held or found to be invalid or unenforceable, that portion of the Agreement will be construed as to be consistent with applicable law while the remaining portions of the Agreement will remain in full force and effect.  Any failure on our part to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision.  Our rights under this Agreement survive any transfer or termination of these Terms of Use.

We may assign or delegate this Terms of Use Agreement, and/or our Privacy Policy, in whole or in part, to any person or entity at any time without your consent.  You may not assign or delegate any rights or obligations under this Terms of Use Agreement or our Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THESE TERMS OF USE, AND WILL BE BOUND BY THE TERMS AND CONDITIONS HEREIN.  YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE, TOGETHER WITH OUR PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE AGREEMENT BETWEEN THE PARTIES (YOU AND KEMET), AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR OR CONTEMPORANEOUS AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
 

VIOLATIONS

Please report any violations of these Terms of Use to KEMET at soc@kemet.com or 1-844-KEMETCA (1-844-536-3822).