If you do not accept and agree to all provisions of the TOU, now or in the future, you may reject the TOU by immediately terminating all access and use of the Site, in which case any continuing access or use of the Site is unauthorized. You are also required to comply with, and to ensure compliance with all laws, ordinances and regulations applicable to your activities on the Site.
KI is intended and designed for users 13 years of age and older, and access or use by anyone younger is not authorized. You hereby authorize that you are at least 18 years old, or, if 13 to 18, you have the consent and ratification of your parent or legal guardian to use the Site and to access the products and services hereon.
The TOU grants you a limited, revocable, nonexclusive license to access and use the Site, in whole or in part, including but not limited to viewing KI intellectual property therein, solely in compliance with the TOU.
“Killer Infographics” is a trademark of KI and is protected by United States and international laws. The TOU does not authorize you to use “Killer Infographics,” or any similar or related marks for any use pertaining to classified advertising, Internet advertising, social networks, online communication services or any similar or related use, or any other use that is likely to cause confusion on the part of, to cause mistake by or to deceive the public as to any affiliation, connection, association, origin, sponsorship, approval or endorsement by or with KI. Any unauthorized use of the Killer Infographics or KI trademarks is strictly prohibited.
Your use of, and access to, the Site indicates your acceptance of this TOU.
You need not be a member of the Site to access the Site or use the content or services. However, access to some areas of the Site and some content and services may also be restricted to members only.
On becoming a member, you will be required to enter into a separate Membership Agreement, requiring, a valid email, username and password.
2. Proprietary Rights
Your use of the Site does not grant to you any ownership or interest in any content, code, data or materials you may access on or through the Site or any intellectual property rights subsisting any content, code, data or materials you may access on or through the Site.
Subject to the terms of a purchase and License, your use of the Site does not grant to you any ownership or interest in any content, code, data or materials you may access on or through the Site or any intellectual property rights subsisting any content, code, data or materials you may access on or through the Site. If you make other use of the Site, or the products, content, code, data or materials on the Site or available through the Site, except as otherwise provided above, you will violate copyright and other laws of the United States and, without limitation, the State of Washington, and may be subject to liability for such unauthorized use.
3. Copyright Agent
We respect the intellectual property rights of others, and require that those people who use the Site, or the products, services or features made available on or through the Site, do the same.
If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to KI at [email@example.com]:
- your name, address, telephone number, and email address;
- a description of where the alleged infringing material is located;
- a description of the copyrighted work that you claim has been infringed; and
- a statement by you, that you represent and warrant that the above information in your notice is correct, complete, accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
It is your legal responsibility to know and understand Copyright Law and Digital Millennium Copyright Act (17 U.S.C. § 512(c)). See at: (http://www.copyright.gov/laws/). Be aware that there could be legal and severe consequences brought by the harmed party should you make a false accusation in this regard.
The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Site, or on content available through the Site, are registered and unregistered Trademarks of KI and others.
Nothing contained on the Site should be construed as granting expressly or by implication any license or right to use any Trademark displayed on the Site without the written permission of KI or the third party that may own the applicable Trademark.
5. Changes to Terms of and Conditions
KI may, at its sole discretion, revise or change these Terms and Conditions (in whole or in part) from time to time and at any time without notice to you. Changes in the Terms and Conditions will be effective when posted by us on the Site. Your continued use of the Site and/or the services made available on or through the Site after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.
6. User Information
7. Linking to the Site
You agree that if you include a link from any other web site to the Site, such link must link to the full version of an HTML formatted page of the Site. You are not permitted to link directly to any image hosted on the Site or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site.
Accept where subject to the applicable license agreement for the purchase and sale of products or services, you agree not to download or use images hosted on the Site on another web site, for any purpose, including, without limitation, posting such images on another web site. You agree not to link from any other web site to the Site in any manner such that the Site, or any page of the Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding.
We reserve our right to insist that any link to the Site be discontinued, and to revoke your right to link to the Site from any other web site at any time upon written notice to you.
8. Third-Party Sites.
You may be able to move from the Site to third-party web Sites (“Linked Sites”). You hereby acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. The inclusion of any link to such web sites on our Site does not imply KI’s endorsement, sponsorship, or recommendation of that web site. KI disclaims any and all liability for links to another web site.
EXCEPT AS PROVIDED FOR IN ANY APPLICABLE LICENSE OR TERMS OF PURCHASE AND SALE OF PRODUCTS OR SERVICES FROM THE SITE:
- ALL CONTENT AND SERVICES ON THE SITE ARE PROVIDED “AS IS” WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED;
- KI AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE;
- KI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ANY CONTENT OR YOUR ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER WHICH STORES AND TRANSMITS CONTENT TO YOU ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS; AND
- KI DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING YOUR ACCESS TO, OR THE RESULTS OF YOUR ACCESS TO, THE SITE (INCLUDING ANY RELATED OR LINKED WEB SITE) OR ANY CONTENT IN TERMS OF CORRECTNESS, ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY OR OTHERWISE.
- UNDER NO CIRCUMSTANCES (INCLUDING BUT NOT LIMITED TO ANY ACT OR OMISSION ON THE PART OF KI) WILL KI OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL AND/OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS WHATSOEVER WHICH RESULT FROM ANY USE OR ACCESS OF, OR ANY INABILITY TO USE OR ACCESS, THE SITE OR THE CONTENT THEREON, INCLUDING WITHOUT LIMITATION, THE PRODUCTS AND SERVICES AVAILABLE THEREON.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KI’S LIABILITY FOR BREACH OF ANY IMPLIED WARRANTY OR CONDITION THAT CANNOT BE EXCLUDED IS LIMITED, IN THE SOLE DISCRETION OF KI TO THE FOLLOWING:
- IN THE CASE OF SERVICES SUPPLIED OR OFFERED BY KI:
- THE SUPPLY OF THE SERVICES AGAIN;
- THE PAYMENT OF THE COST OF HAVING SERVICES SUPPLIED AGAIN; AND
- IN THE CASE OF GOODS SUPPLIED OR OFFERED BY US:
- THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; OR
- THE PAYMENT OF THE COST OF REPLACING THE GOODS OR ACQUIRING EQUIVALENT goods.
10. Posting Reviews; Moderation
Members and users of the Site may be invited to post reviews and feedback on products and services purchased through the Site. KI has the right, but not the obligation, to regulate any and all user content posted to, stored on or transmitted via KI or the Site by any user (or any other third party in any manner); to regulate conduct (including but not limited to any authorized or unauthorized access to or use of KI) by any user (or any other third party in any manner); and to enforce the TOU, for any reason and in any manner or by any means that KI, in its sole and unilateral discretion, deems necessary or appropriate (including but not limited to automated and manual screening, blocking, filtering, exclusion from index pages, exclusion from search results, requiring the use of an application programming interface (API), requiring the use of a bulk posting interface, authorization, verification, and the deletion and/or termination of content, accounts and/or all or any use or access). KI may, in its sole and unilateral discretion and without notice, start, stop or modify any regulation or enforcement measures at any time. KI action or inaction to regulate content or conduct or to enforce against any potential violation of the TOU by any user (or any other third party) does not waive KI’s right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct or potential TOU violation.
You also understand and agree that any action or inaction by KI or any of its directors, officers, shareholders, employees, consultants, agents or representatives (collectively, “KI Representatives”) to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential TOU violation is undertaken voluntarily and in good faith, and you expressly agree that neither KI nor any KI Representative shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of the TOU.
Although KI Representatives may moderate content, conduct and TOU compliance on KI at it’s sole and unilateral discretion, KI Representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on behalf of KI will “take care” of any alleged problem or complaint, or that they or anyone else on behalf of KI will otherwise stop, cure or prevent any problem, content, conduct or purported TOU violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by any KI Representative (or by anyone else acting on behalf of KI or by anyone purportedly acting on behalf of KI) that KI (including but not limited to any KI Representative, anyone else acting on behalf of KI, or anyone purportedly acting on behalf of KI) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported TOU violation is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that KI, KI Representatives and anyone else authorized to act on behalf of KI shall in no circumstance be liable as a result of any representation that KI, a KI Representative or anyone else on behalf of KI would or would not restrict or redress any content, conduct or potential or purported TOU violation. This paragraph may not be modified, waived or released except by a written agreement, dated and signed by KI’s President and Chief Executive Officer and dated and signed by the individual or entity to whom the modification, waiver or release is granted.
KI also has the right in its sole and unilateral discretion to limit, modify, interrupt, suspend or discontinue all or any portions of KI at any time without notice. KI and KI Representatives shall not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto.
Content prohibited from KI includes but is not limited to: (1) illegal content; (2) content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services; (3) offensive content (including, without limitation, defamatory, threatening, hateful or pornographic content); (4) content that discloses another’s personal, confidential or proprietary information; (5) false or fraudulent content (including but not limited to false, fraudulent or misleading responses to user ads transmitted via KI); (6) malicious content (including, without limitation, bullying, malware or spyware); (7) content that offers, promotes, advertises, or provides links to posting or auto-posting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services, bulk telephone numbers, or any other product or service that if utilized with respect to KI would violate these TOU or KI’s other legal rights; (8) content that offers, promotes, advertises or provides links to unsolicited products or services; or (9) personals, match making, escort services, prostitution, or any similar services; (collectively, “Prohibited Content”).
In the event you post Prohibited Content, KI retains the right to ban you immediately and potentially for life from further use of the Site at its sole and unilateral discretion. You agree that KI can at its discretion pre-screen content at any time in an attempt to maintain the integrity of the Site for all users based on this particular condition of usage. KI reserves the right to change and/or discontinue, some or all of its services at any time without notice.
You automatically hereby grant and assign to KI, and you represent and warrant that you have the right to grant and assign to KI, a perpetual, irrevocable, unlimited, fully paid, fully sub-licensable (through multiple tiers), worldwide license to copy, perform, display, distribute, prepare derivative works from (including, without limitation, incorporating into other works) and otherwise use any content that you post. You also expressly grant and assign to KI all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any content that you post (including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content that you post).
You hereby release KI and each of the KI Representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to KI or content accessed through KI, or any interactions with others arising out of or related to KI or content accessed through KI, and you expressly waive the provisions of any laws in other jurisdictions), which substantially provides the equivalent of the following: “A general release does not extend to claims which the releasor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the released party.”
THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
These TOU constitute the entire agreement between you and KI and supersede any prior written or oral agreement. Other than the KI owners, agents, employees, directors, officers, affiliates and successors (collectively, the “KI Representatives”) (who are expressly included as named third-party beneficiaries of the TOU), there are no third-party beneficiaries to the TOU.
Any and all claims, causes of action or disputes (regardless of theory) between you and KI arising out of or related to the TOU, KI or content accessed through KI,shall be governed and interpreted by the laws of the State of Washington as it applies to contracts executed and performed within the State of Washington by parties domiciled in the State of Washington, without reference or regard to the choice of law or conflict of laws rules of any jurisdiction. You hereby irrevocably and unconditionally agree to submit any legal action or proceeding relating to this TOU to the non-exclusive general jurisdiction of the courts of the State of Washington located in King County and the courts of the United States located in the WesternDistrict of Washington and, in any such action or proceeding, consent to jurisdiction in such courts and waive any objection to the venue in any such court. You agree that service of process upon you in any such action or proceeding may be made by United States mail, certified or registered, return receipt requested, postage prepaid. If any provision of the TOU is found by a court of competent jurisdiction to be unenforceable, it shall be modified by such court to the extent necessary to make it enforceable to the fullest extent of the law; or if not possible, severed herefrom, provided, however, that in any event, all other provisions of the TOU shall remain in full force and effect.
KI may disclose your information (as permitted or required to by law) to a government institution or other person or entity that has asserted their lawful authority to obtain the information or where KI has reasonable grounds to believe the information could be useful in the investigation of an unlawful activity. This requested information shall only be provided in order to comply with a subpoena or warrant or an order made by a court to comply with court rules regarding the production of such records and information as required, and to KI legal counsel.