Please read these terms and conditions carefully. By using this site, you are accepting these. If you do not agree to these terms of use, please refrain from accessing or using this website.
Notice to parents and guardians: by granting your child permission to use this site you agree to these terms and conditions. You are responsible for monitoring and supervising your child’s access to the site and use of services. If your child is accessing the site and using services and does not have your permission, please contact us immediately to disable his or her access. If you have question about whether the service is appropriate for your child, please contact us at support@kiwiboard.org.
The use of the kiwiboard.org platform and services available on or form or through this website is subject to these terms and conditions ("Agreement") that are a legal and binding document for the user (“User”).
1.1 Kiwiboard.org ("Site") is a platform developed and managed by Axiomtek. ("Axiomtek") which allows Users to take part in the discussions on: the Kiwiboard.org forum, the Kiwiboard Product information, the Kiwiboard User Group. The use of the Platform and Services is governed by this Agreement including the other documents and policies available on the Platform (which are the Privacy Policy and the General Sales Conditions of kiwiboard).
1.2 By accepting this Agreement, the User can use the services accessible through the Platform, specified under section 1.1 ("Services").
1.3 The use of the Site does not require the mandatory activation of an account, however, the use of the Services requires the activation of a personal and unique User account ("Account").
2.1 If User creates an Account, a unique username and password will be associated ("Account Credentials").
2.2 The User is required to adopt whatever measures are necessary to ensure that the Account Credentials are subject to the utmost confidentiality and the User accepts liability for any loss or damage to Kiwiboard and/or to third parties as a result of failure to comply with the aforementioned confidentiality obligation. The User undertakes not to disclose the Account Credentials and the information accessible through the same and undertakes not to allow access to the Platform, the Services and the Premium Services to others through the use of his or her Account Credentials or in any manner through his or her Account. If User becomes aware of unauthorized access to his/her Account, he/she must change password and notify us immediately at support@kiwiboard.org.
2.3 The User is required to provide Kiwiboard with real, accurate information when creating the Account (and whenever they update their data) and, in order to guarantee Account security, undertakes:
not to provide false information;
not to create false or duplicate Accounts;
to update their personal information whenever requested in order to comply with the provisions of this Agreement;
not to share or transfer the Account Credentials;
not to adopt as the Username or ID for his or her Account any names which breach the law or third-party rights (in such eventuality Kiwiboard.org shall be entitled to suspend the registration or the Account until such time as the critical aspect arising with regard to the aforementioned name is resolved).
2.4 If User does not verify the Account, by clicking the confirmation link sent by email during the registration process, the relevant Account will be deleted after one month of registration request.
3.1 The User acknowledges that the use of the Services and Premium Services in accordance with the Agreement is essential for the correct operating of the Platform and for the use of the Services by the other Users. Hence, when creating, modifying and publishing contents, including but not limited to softwares or libraries (hereinafter "Contents"), the User must comply with the provisions of this Agreement, with the procedures and schemes of the open-source license adopted by Kiwiboard community and with the applicable legal provisions, abiding by principles of good faith, truthfulness and fairness in dealings with the other Users.
3.2 The User will use the Platform in accordance with this Agreement and for purposes of using the Services and the Premium Services. Specifically, the User undertakes not to:
transfer or resell the Services, the Premium Services or his or her right to use the Platform to others;
tamper with or operate on the Platform hardware without Kiwiboard’s intervention and authorisation;
use the Site, the Services or the Premium Services if the Account have been temporarily or permanently suspended;
provide Kiwiboard.org with data which is false, inexact, misleading or which gives rise to adverse consequences for third parties;
transfer the Account or communicate the Account Credentials to third parties without Kiwiboard.org’s prior written consent;
spread viruses, malwares or any other technology designed to harm the Platform, the Site, the other Users’ devices, to breach Kiwiboard.org’s rights or the rights of other Users, to compromise the proper implementation of the schemes of the open source license used by Kiwiboard.org community, or in any way to hinder or disturb the use of the Services or the Premium Services by other Users;
copy, modify or disseminate the content of the Platform, Services, Premium Services or proprietary information belonging to Kiwiboard.org and/or others (without prejudice to what provided for by the terms of the open source licenses applicable to the softwares, if they are accessible through the Platform);
use any mechanism, software or procedure which may interfere with the proper operations of the Platform;
circumvent instruments prepared by Kiwiboard.org to ensure the security of the Platform and prevent intrusions or access by unsolicited automated users (by way of example, robots, spam, spiders);
upload to the Platform or in any way communicate or send through the Platform to other Users content (text or graphic content or any other type) which is offensive, vulgar, violent, false, harmful to Kiwiboard.org’s image or contrary to law, or in breach of third parties’ rights or of the open source licenses used by Kiwiboard.org community;
3.3 If Kiwiboard.org believes, in its sole discretion, that the User has put in place behavior(s) that may generate technical problems or legal responsibilities or that are in breach of the provisions of the Agreement, Kiwiboard.org may, without prejudice to other remedies, limit, suspend or interrupt the availability of Services, Premium Services and/or the Account, and take technical and legal measures - including removing illegal content - in order to prevent the User using the Services and Premium Services or contrary to law or licensing agreements that the User is required to comply with.
3.4In order to maintain the Platform functionality at optimal and safe levels, User can report technical issues using the following Contact Form https://www.kiwiboard.org/contactus/.
4.1 Kiwiboard.org will Platform remains active and to render it accessible through the Site, by providing technical assistance in order to resolve problems relating to the use of the Account due to Platform problems attributable to Kiwiboard.org, through the Contact Form https://www.kiwiboard.org/contactus/ Given the characteristics of the Services and the Premium Services, the User acknowledges that Kiwiboard.org will not be accountable for problems in accessing the Platform due to causes which are not directly connected to Kiwiboard.org’s activities or for which it is responsible and, specifically:
problems relating to connectivity and continuity of Internet traffic available to the User;
problems relating to the User’s IT systems;
problems relating to the terminals used by the User, including malfunctioning of devices used by the User and including cases in which these devices (such as smartphones, tablets, computers) are not compatible or fast enough to allow use of the Services;
interruption of access to the User’s Internet network;
non-compatibility between the User’s mobile device or browser and the Platform;
any other event which may compromise the User’s access to the Services, the Premium Services or the Platform (and in any case use of same) which is not caused by Kiwiboard.org.
4.2 The Platform and Services may displays and/or refers, from time to time, to links to other websites that are not owned, managed or controlled by Kiwiboard.org.
Kiwiboard.org:
(i) has no control over and does not endorse or take responsibility for the content, privacy policies, or practices of any such websites,
(ii) is not responsible for the availability of such websites and does not endorse any advertising, products or other materials on or available on said websites; and
(iii) will not be liable in any way for any loss or damage which User may suffer by using and visiting such websites. If User decides to access linked websites, it does so at its own risk and Kiwiboard.org encourages User to read the terms and conditions and privacy policy of each other website that User visits.
5.1 The User grants to Kiwiboard.org the non-exclusive, unlimited, transferable, sub-licensable and irrevocable right to use the Content published and/or updated on the Platform as well as to reproduce, modify, adapt, translate, distribute, publish and create derived works, make publicly visible the Content throughout the world using any means and for any purpose and to use the username or the nickname specified in relation to the Content. Should the Content be a software created by the User pursuant to the Contributor License Agreement, such Content shall be subject to the terms of the Contributor License Agreement.
5.2 The User is liable for the Content published on Platform and/or provided to Kiwiboard.org and undertakes not to publish, upload or otherwise make available to the public through the Platform Content that:
is false, illegal, misleading, defamatory, slanderous, intimidating, offensive or in any other way contrary to law and public morality;
offends Users, Kiwiboard or the online community;
may constitute, encourage, promote or incite unlawful conduct;
are in breach, at Kiwiboard.org sole discretion, of patents, trademarks, trade secrets, copyright (meaning also licenses or license schemes, open source, GPL, Creative Commons or other standards used by Kiwiboard community) or any other intellectual or industrial property rights;
constitutes promotions or trade communications;
at the sole discretion of Kiwiboard.org, is in any other manner questionable or unconnected to the subject matter of the interactive areas in which the Content is published
5.3 The User represents and acknowledges to release any publication, use, modification, deletion and usage of the Content by Kiwiboard.org and/or its successors and assignees and waives all complaints or claims in respect of the Content (without prejudice to the terms of the Contributor License Agreement).
6.1 Kiwiboard.org respects third parties’ intellectual property rights and expects Users to do the same. we will respond to notices of alleged copyright infringement that comply with applicable law and are properly. If you believe that copyright on work has been infringed by a User, please provide us (at support@kiwiboard.org) 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;
(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.
7. Industrial and Intellectual Property
7.1 The User acknowledges that:
the industrial property rights to the trademarks viewable on the Platform – specifically the trademarks Kiwiboard – as well as the domain names inclusive of the sign " Kiwiboard" are exclusive property of Kiwiboard;
Kiwiboard.org has exclusive title to the intellectual and industrial property rights in respect of the Platform, the software and the databases connected to the Platform, the Site, the text, artwork, layout and the look and feel of the Platform and the Site (with the exception for the content released or anyway made available pursuant to public license agreements, open source, GPL, LGPL. creative commons or other non-proprietary license framework customarily used by Kiwiboard.org community);
Kiwiboard.org has exclusive title to the Kiwiboard project, the related know-how and all technical and trade information relating to it;
and the User undertakes not to infringe or negatively affect these rights.
7.2 The User represents to be the owner of each and any exploitation rights required to lawfully publish Content on the Platform and undertakes not to publish Content on the Platform of any type the use of which on the Platform might constitute an infringement of third parties’ intellectual or industrial property rights (meaning also the breach of the terms of the public license agreements, open source, GPL, LGPL, creative commons or other non-proprietary license schemes normally used by Kiwiboard.org community). For information on how to acquire authorisation to use the Content of the Platform, User can send an email to using the Contact Form https://www.kiwiboard.org/contactus/.
7.3 All the contents of the Site, including but not limited to texts, artwork, images, audio material, video, as well as domain names, taglines, organization and user look and feel interface are protected by laws governing intellectual and industrial property rights and are reserved to Kiwiboard.org or third parties that have licensed those to Kiwiboard.org. Should the Site allow the downloading of specific contents, to the download of a copy shall be only on one computer device, for personal domestic and not commercial use as well as the User shall:
not remove or alter ownership or copyright notices in the downloaded content
not use the downloaded content in such a manner as to suggest any association with Kiwiboard products, services or trademarks.
8. Term –Termination of the Agreement and Cancellation of the Account
8.1 This Agreement is open-ended and shall cease to be effective in those cases of termination contemplated below, in the event of closure of the Account and cessation of Kiwiboard.org’s activity on the Platform.
8.2 The User is entitled to cancel its Account once logged-in by following the relevant cancellation procedure that will be confirmed by email. Kiwiboard.org shall cancel the Account within 7 working days from the completion of such procedure.
8.3 Should the User be inactive for 24 months, Kiwiboard.org shall be entitled to close the Account.
8.4 Kiwiboard.org shall be further entitled to cancel the Account in the event of relevant User breaches obligations set forth in this Agreement, without prejudice to any other remedy provided by law or this Agreement.
8.5 In the event of cancellation or closure whatsoever of the Account, all data related to the Account will be deleted and comments and posts in Forum, if any, will be anonymized by deleting all personal data that could identify the relevant User.
9. Changes to the Agreement
9.1 Kiwiboard.org reserves the right to modify the Agreement by publishing the new version on the Platform. Unless otherwise specified, all the new terms of use of the Agreement shall be automatically effective 10 (ten) days after the date of publication on the Platform.
10. Assignment of the Agreement
10.1 Kiwiboard.org may assign this Agreement, in whole or part, to any affiliate or parent company .
11. Miscellaneous
11.1 This Agreement shall be governed and construed in accordance with laws of Taiwan, ROC (Taiwan, Republic of China), without regard to principles of conflicts of law.
11.2 Headings are for convenience only and shall not be used to construe the Agreement. If any term of this Agreement is found invalid or unenforceable by any Court of competent jurisdiction, that term will be severed from this Agreement.
11.3 No failure or delay by Kiwiboard.org in exercising any right hereunder will waive any further exercise of such right. Kiwiboard.org’s rights and remedies hereunder are cumulative and not exclusive.
