WELCOME TO KONNECTS.COM, THE WEBSITE OF KONNECTS, INC. ("KONNECTS," "WE" OR "US"). PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY REGISTERING WITH KONNECTS.COM OR BY ACCESSING OR USING THIS WEB SITE (THE "SITE") OR THE KONNECTS SERVICE OR NETWORK (THE "SERVICE"), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED IN THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT REGISTER WITH KONNECTS.COM AND DO NOT USE THE SITE OR THE SERVICE. We suggest you print a copy of these Terms of Use for your records. Nothing in these Terms of Use shall be construed to confer any rights or benefits to third parties.
These Terms of Use apply solely to your access to, and use of, the Site and the Service and do not alter in any way the terms or conditions of any other agreement you may have with us or our subsidiaries or affiliates, for products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Use on such entity's behalf, and that such entity agrees to indemnify you and Company for violations of these Terms.
Update to Terms of Use
We reserve the right, at our sole discretion, to modify or update any of these Terms of Use at any time by posting the revised Terms of Use on the Site. Any modified or updated terms shall be effective immediately upon our posting such terms on the Site. You agree to such form of notice and waive any right you may have to receive individual notice of such modifications or updates. Your continued use of the Site or our Service will confirm your agreement to the modified or updated terms. If you do not agree to any modified or updated terms, you must stop using the Site and the Service and notify us to terminate your account. You are responsible for regularly reviewing these Terms of Use for modified or updated terms. We will post the date of the last update at the top of these Terms of Use.
Privacy Policy
Please refer to our Privacy Policy for information on how we collect, use and share personally identifiable information from users.
Communities
Konnects allows companies who have enter into a Master Service Agreement with us to create company-branded, customized communities that are hosted on the Site (each a "Community"). If you choose to join one or more of these Communities that are created and managed by third parties, you understand and agree that such Communities are managed and controlled by the creator of such Community (the "Community Creator") and that Konnects is not responsible or liable in any manner for such Communities, including without limitation the content or operation of such Communities, any activities that take place on, through or in connection with such Communities, or any interactions that take place with other users in such Communities. We and the Community Creator reserve the right to terminate or suspend your participation in or access to any Community at any time immediately upon notice, with or without cause at our sole discretion. Upon cancellation or termination for any reason of your participation in a Community, the other terms and conditions of these Terms of Use shall still apply to your use of the Site and the Service. By joining a Community, you may also become subject to various terms, policies or rules of that are applicable to that particular Community, but such terms, policies and rules are strictly between you and the Community Creator and are not binding upon Konnects.
Member Account, Password, and Security
In creating your account, you must complete the registration process, and you agree to provide us with current, complete and accurate information as prompted by the applicable registration form and to maintain and promptly update such information. As a member of the Site, you are solely responsible for keeping your password secure and agree not to share it with third parties outside your immediate family and household.
You agree to notify us immediately of any unauthorized use of your account or any other breach of security. You will be entirely responsible for any and all activities that occur under your account, and we cannot and will not be liable for any loss that you may incur as a result of someone else using your password, account, either with or without your knowledge. You agree to indemnify us for any losses, liabilities, costs and expenses incurred by us or another party due to unauthorized or wrongful use of your password or account. In addition, you agree not to use anyone else's password or account at any time, without the permission of the account holder.
Copyright and Limited License
Unless otherwise indicated in the Site, the Site and all content and other materials on the Site, including, without limitation all designs, logos, text, graphics, pictures, video, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of Konnects or its Community Creators, licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Site subject to the terms and conditions set forth in these Terms of Use. Unless otherwise specified herein, our Service and the Site are for your personal and non-commercial use only. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any portion of the Site, the Site Materials or any information, software, products or services obtained from us (including simulating the appearance or function of our Site). You are prohibited from selling, trading, or otherwise transferring your account or any Community you create on our Site to another party. The license granted herein does not include, and you agree to refrain from: (a) any resale or commercial use of the Site or the Site Materials, other than as expressly permitted by us ; (b) use of any data mining, robots or similar data gathering or extraction methods; (c) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (d) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without our prior written permission is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Copyright Complaints
If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to Receive Notification of Claimed Infringement: Jim Crabbe
Full Address of Designated Agent to Which Notification Should be Sent: 1119 Pacific Avenue, Tacoma, WA 98402
Telephone Number of Designated Agent: (253) 572-5800
Facsimile Number of Designated Agent: (253) 572-5811
E-Mail Address of Designated Agent: dmca@konnects.com
Links To Third Party Sites; Third Party Content
Our Site (including any Communities created within our Site) may contain links to third party websites ("Linked Sites"). The Linked Sites are not under our control. We make no claim or representation regarding and are not responsible for the contents, quality, accuracy, nature or reliability of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for webcasting or any other form of transmission received from any Linked Site nor are we responsible if the Linked Site is not working appropriately. We provide any Linked Site as a convenience to you, and the inclusion of any Linked Site does not imply endorsement by us of the site or any association with the Site or its operators. When you leave our Site, you should be aware that our terms and policies no longer apply, and you are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.
Our Site may also provide, or provide access to, third party information and content, including any third party content that may be contained in various Communities (the "Third Party Content"). We do not monitor or have any control over any Third Party Content, and we do not endorse or adopt any Third Party Content. We make no representations, warranties or guarantees as to the quality, accuracy, nature or completeness of any Third Party Content and we undertake no responsibility to update or review such Third Party Content. Users use Linked Sites and Third Party Content at their own risk.
We may run advertisements and promotions from third parties on the Site, and the Site may otherwise contain or provide information about or links to third-party products or services on the Site. Any dealings or communications with third parties (including advertisers) included within or referenced through our Site or our Service, any participation in promotions (including the delivery of and the payment for goods and services), and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party and is at your own risk. We shall not be responsible or liable for any part of any such dealings or promotions or for any loss or damage of any sort incurred as the result of any such dealings or promotions.
No Unlawful or Prohibited Use
As a condition of your use of our Site or services, you agree not to use our Site or services for any purpose that is unlawful or prohibited by these Terms of Use, including the following: (1) in any manner that could damage, disable, overburden, or impair any of our Site, any Community created on our Site (including any Community connected to any of our Sites) or any other party's use and enjoyment of our Site and services; (2) in any attempt to gain unauthorized access to any of our accounts, computer systems or communities connected to any of our Sites through hacking, password mining or any other means; (3) any attempt to obtain any materials or information through any means not intentionally made available through our Site or services; and (4) any attempt to place an unreasonable load on our infrastructure (including, without limitation, transmission or activation of computer viruses or unsolicited communications).
User Content and Conduct; Acceptable Use Policy
Our Site (including Communities created on our Site) may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, profiles, blogs, calendars, photo albums, file cabinets, widgets, applications and/or other features designed to enable you to post content and to communicate and interact with others (collectively, "Interactive Services"). You agree to use the Interactive Services only to post, send and receive messages, data, information, text, music, sounds, photos, videos, graphics, code, and other material and content (the "User Content") that is proper and, when applicable, related to the particular Interactive Service. By way of example, and not as a limitation, you agree that when using the Site or an Interactive Service (including any Communities on the Site), you will not:
Use the Site or the Interactive Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative messages (commercial or otherwise);
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, fraudulent, inflammatory, pornographic, indecent or unlawful topic, name, User Content or information;
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto, or have received all necessary consents or otherwise have the legal right to do the same;
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
Restrict or inhibit any other user from using and enjoying the Site or the Interactive Services;
Violate any code of conduct or other guidelines which may be applicable for any particular Interactive Service;
Harvest or otherwise collect information about others, including e-mail addresses (including use of manual or automated software, devices, or other processes to "crawl" or "spider" any of our web pages);
Violate any applicable laws, rules or regulations or publish, post, upload, distribute or disseminate any User Content that would constitute, encourage or provide instructions for a criminal offense or that would otherwise create liability for Konnects;
Create a false identity for the purpose of misleading others or impersonate or otherwise misrepresent your affiliation with any person or entity;
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of our Site, other user or usage information, or any portion thereof;
Send any unsolicited promotions, advertising or solicitations;
Publish, post, upload, distribute or disseminate through the Site or any Interactive Service any private or personally information of any third party without their consent, including without limitation addresses, phone numbers, email addresses, social security numbers and credit card numbers; or
Use the Site or the Interactive Service in manner that, in our sole judgment, is objectionable or which restricts or prohibits any other person from using or enjoying the Site or the Interactive Service or which may expose Konnects or its users to any harm or liability of any type.
Without limiting the foregoing, you also agree to abide by our Acceptable Use Policy, as may be modified from time to time, that provides further information regarding acceptable User Content and the authorized conduct of users on Konnects.
We take no responsibility and assume no liability for any user conduct on the Site (including in any Communities) or for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, profanity, wrongful conduct or harm you may encounter. Your use of Interactive Services (including any Community) is at your own risk. As a provider of interactive services, we are not liable for any statements, representations or User Content provided by our users or other third parties in any public forum, personal home page, Community or other portion of the Site or the Interactive Service. You acknowledge and agree that we have no obligation to screen, filter or monitor the Interactive Services or the Site. However, we reserve the right at any time in our sole discretion to review, filter or monitor User Content posted on the Site and to remove. block or edit any User Content for any reason, or for no reason, in our sole discretion without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense.
Any use of the Interactive Services or other portions of the Site in violation of the rules set forth above violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Interactive Services and/or the Site. We also reserve the right to terminate your access to any or all of the Communication Services, our Site, or any Community on our Site in our sole discretion at any time, without notice, for any reason whatsoever or for no reason.
We reserve the right in our sole discretion at all times to disclose any information (including, without limitation, materials posted to an Interactive Service) as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part. Please see our Privacy Policy for more information on how we collect, use and disclose personal information you may provide through the Site.
Information You Provide On Our Site
While using our Site and Service, you may provide information about yourself that may be visible to others. You should always use caution when giving out any personally identifying information about yourself or your children in any Interactive Service. We do not control or endorse the content, messages, information, applications or functionality found in any Interactive Service or the actions or Community Creators, and, therefore, we specifically disclaim any liability with regard to the Interactive Services and any actions or harm resulting from your participation in any Interactive Service. Managers, hosts, administrators and Community Creators are not authorized spokespersons for us, and their views do not necessarily reflect our views. Materials uploaded to an Interactive Service may be subject to posted limitations on usage, reproduction and/or dissemination. As a result, you are responsible for adhering to such limitations if you download the materials. In addition, you should be aware that information (including personal information) you provide to us in connection with subscribing to or participating in a Community may be accessed by, or shared with the Community Creator, as described in our Privacy Policy [link], and in some cases, you may be directly providing information to the Community Creator in connection with your use of the Community. We are not responsible for the use of such information by Community Creators, and you should exercise caution in joining a community and in providing information in connection with your participation in Communities.
Rights in User Content, Grant of License From You
Except as otherwise provided in these Terms of Use or on the Site, you retain all rights in any User Content you post on our Site, subject to the following license grants. If you post User Content to the Site, unless we indicate otherwise, you grant us and our affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media on or in connection with the Site. You further grant us and our affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. We retain all rights in user profiles created on the Site and all user data contained therein, including without limitation all demographic and relationship data.
You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity. You are responsible for making sure you have the necessary rights to the User Content you post and the right to grant a license to such User Content as described above in this section.
Additionally, you may join one or more Communities created on our Site by a Community Creator. We or the Community Creator may delete the Community at anytime for any reason in ours or the Community Creator's sole discretion. Any User Content associated with a deleted Community may also be deleted at our or the Community Creator's discretion. Accordingly, you agree and acknowledge that any User Content you make may be deleted, and you have contemplated this possibility before contributing to a Community. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site (including in any Community) at your sole cost and expense.
Konnects Trademarks
KONNECTS, the Konnects logos and any other product or service name or slogan contained in the Site are trademarks of Konnects and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Konnects or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Konnects" or any other name, trademark or product or service name of Konnects without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Konnects and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Indemnity
You agree to defend, indemnify and hold us, any of our subsidiaries or affiliates, our officers and employees, harmless from and against any claim, demand, or damage, liability, cost or expense, including reasonable attorneys' fees, arising out of or related to the User Content you post or your use of or conduct on or relating to the Site or the Service.
Liability Disclaimer
The Site and the Service, and any information, software, products, and services included in or available through our Site or our Service, may include inaccuracies or typographical errors or omissions. Changes are periodically made to our Site and to the information therein. We and/or its respective suppliers may make improvements and/or changes in our Site at any time. Advice received via our Site (including in any Communities) should not be relied upon for personal, medical, legal, financial or other important decisions and you should consult an appropriate professional for specific advice tailored to your situation. WE AND/OR OUR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE SITE OR THE SERVICE, OR ANY COMMUNITIES HOSTED ON THE SITE, INCLUDING WITHOUT LIMITATION ABOUT THE SUITABILITY, RELIABILITY, QUALITY, AVAILABILITY, TIMELINESS, FUNCTIONALITY, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, APPLICATIONS, WIDGETS, PRODUCTS, SERVICES, FEATURES, SITE MATERIALS, CONTENT (INCLUDING USER CONTENT) AND RELATED MATERIALS CONTAINED WITHIN OUR SITE FOR ANY PURPOSE. THE SITE, THE SERVICE, THE COMMUNITIES AND ALL INFORMATION, SOFTWARE, APPLICATIONS, WIDGETS, PRODUCTS, SERVICES, FEATURES, SITE MATERIALS, CONTENT (INCLUDING USER CONTENT) AND RELATED MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WE AND/OR OUR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD THERETO. , INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. YOU SPECIFICALLY AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR LOSS, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER CONTENT, TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH OUR SITE. YOU SPECIFICALLY AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN OUR SITE (INCLUDING IN ANY COMMUNITY) BY ANY THIRD PARTY.
WHILE COMPANY ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE SERVICES SAFE, COMPANY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
Limitation of Liability
IN NO EVENT SHALL WE OR OUR SUPPLIERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF OUR SITE OR SERVICE (INCLUDING ANY COMMUNITY), THE DELAY OR INABILITY TO USE OUR SITE OR RELATED SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, ANY SITE MATERIALS, COMMUNITY OR USER CONTENT OR OTHER INFORMATION, SOFTWARE, APPLICATIONS, WIDGETS, PRODUCTS, SERVICES, FEATURES AND RELATED MATERIALS OBTAINED OR ACCESSED THROUGH OUR SITE OR SERVICE, ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM COMPANY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, OR OTHERWISE ARISING OUT OF THE USE OF OUR SITE OR SERVICE (INCLUDING ANY COMMUNITIES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR ANY OF OUR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR SITE OR SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR SITE AND SERVICE. IN NO EVENT SHALL OUR AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICE (INCLUDING ANY COMMUNITIES) EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO USE IN CONNECTION WITH THE SITE OR THE SERVICE.
IF APPLICABLE, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOW BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
General Terms Regarding Use and Storage
You acknowledge and agree that we may establish limits or rules concerning use of any service or feature offered by us on our Site, including, without limitation, the maximum number of days that messages will be retained by the Service, the maximum number of messages that may be sent from or received by an account on the service, the maximum size of a message that may be sent from or received by an account on the service, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times and duration you may access the service in a given period of time. You acknowledge and agree that we have no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted on our Site or by our services. Furthermore, you acknowledge that we may delete accounts that are inactive for an extended period of time. We make no warranty that any service will be uninterrupted, timely, secure or error-free. For help regarding a particular Community, please contact the applicable Community Creator for support. For help regarding the Site or the Service other than relating to a particular Community, please contact our technical support at http://www.konnects.com/contactus.jsp
Termination/Access Restriction
You agree that we may at anytime and in our sole discretion for any reason, or for no reason, immediately terminate your access to any or all of our Site or Service (including any Communities) without prior notice. You also agree that we will not be liable to you nor to any third-party for our termination of your access to our Site or Service (or any Communities). Furthermore, we shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third-party.
No Spam; Damages
We shall immediately terminate any account which we believe, in our sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay us liquidated damages of $5 (US Currency) for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account. If actual damages can reasonably be calculated, you agree to pay us the actual damages.
Language
It is the express will of the parties that these Terms of Use and all related documents have been drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.
General
These Terms of Use are governed by the laws of the State of Washington, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Pierce County, Washington, U.S.A. in all disputes arising out of or relating to the use of our Site or services. Use of our Site and services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or use of our Site and services. Our performance of these Terms of Use are subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of our Site and services or information provided to or gathered by us with respect to such use. If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. Unless otherwise specified herein or in a separate agreement, these Terms of Use and any terms and conditions set forth on our Site at the time you register constitutes the entire agreement between you and us with respect to our Site and services, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
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