Terms of Service
Yes! You do need to read this.
Welcome to the Koollage service, owned and operated by Koollage, Inc. By
using the Koollage service (the "Service"), you accept and agree to be bound by the following terms and conditions (the
"Terms of Service" ). Nothing in the Terms of Service should be construed to confer
any rights to third party beneficiaries.
1. Description of
Service
The Service enables you to create information packages
(referred to as "pods" in the Service) that can include content and contain
references to content available on, but not limited to, the World Wide Web
("Web"). The Service also allows you to share pods with other users.
The
Service may be modified or terminated at any time by Koollage for any reason,
and without notice, without liability to you, any other user of the Service or
any third party. Any new features that augment or enhance the current Service
shall be subject to the Terms of Service.
2. Changes to Terms of Service
The Terms of Service of this service are subject to update
by Koollage at any time with or without notice, and you can review the most
current version of it online at any time at
3. Registration
When you register for Koollage, you must
provide true, accurate and complete registration information. As part of the
registration process, you will be asked to select a username and password and
you will be responsible for all activities occurring under your username and for
keeping your password secure.
To comply with the Children's Online
Privacy Protection Act, at this time Koollage is only available to users who are
at least 13 years old. If you are under 13, you may not register to use the
Koollage service.
4. Use of Materials
The content within the Service is protected by copyright and other laws in both the United States and elsewhere. The Service includes both content owned or controlled by Koollage as well as summary views and references to content owned or controlled by third parties.
5. Content
Your Responsibilities . You
understand that all data, text, information, links and other content
(collectively, "Content" ), whether posted in public or restricted groups, is the sole responsibility of
the person from which such Content originated. This means that you, and not
Koollage, are entirely responsible for all Content that you publish, post,
upload, distribute, disseminate or otherwise transmit (collectively, "Post" ) via the Service. You understand that by using the Service, you may be exposed
to Content that is offensive, indecent or objectionable. Under no circumstances
will Koollage be liable in any way for any Content, including, but not limited
to, for any errors or omissions in any Content, or for any loss or damage of any
kind incurred as a result of the use of any Content Posted via the Service. You
agree that you must evaluate, and bear all risks associated with, the use of any
Content, including any reliance on the accuracy, completeness, or usefulness of
such Content. You understand that the technical processing and transmission of
the Service, including Content, may involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements of
connecting networks or devices.
Koollage's Rights . You
acknowledge that Koollage does not pre-screen, control, edit or endorse Content
made available through the Service and has no obligation to monitor the Content
Posted via the Service. If Koollage discovers Content that does not appear to
conform to the Terms of Service, Koollage may investigate and/or determine in
its sole discretion whether to remove the Content. Koollage will have no
liability or responsibility for performance or non-performance of such
activities. You understand that Koollage does not monitor or control the content
of information Posted by you or others, and instead simply provides a service by
allowing users to access information that has been made available.
6. Appropriate Conduct
You agree that you are responsible for your own conduct and communications while using the Service and for any consequences thereof. You agree to use the Service only for purposes that are legal. By way of example, and not as a limitation, you agree that when using the Service, you will not:
defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others;
post any inappropriate, defamatory, infringing, obscene, or unlawful Content;
post any Content that infringes any patent, trademark, copyright, trade
secret or other proprietary right of any party (the "Rights" ), unless you are the owner of the Rights or have the permission of the owner
to Post such Content;
post messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by the Group owner.
download any file Posted by another user that you know, or reasonably should know, that cannot be legally distributed in such manner;
impersonate another person or entity, or 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 Posted;
restrict or inhibit any other user from using and enjoying the Service;
use the Service for any illegal or unauthorized purpose;
remove any copyright, trademark or other proprietary rights notices contained in or on the Service;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Service or collect information about users for any unauthorized purpose;
submit Content that falsely expresses or implies that such Content is sponsored or endorsed by Koollage;
create user accounts by automated means or under false or fraudulent pretenses;
promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
7. Proprietary Rights
Koollage's Rights Koollage and its affiliates
and licensors own and retain all rights in the Service, which contains
proprietary and confidential information that is protected by applicable
intellectual property and other laws. Except as expressly authorized by
Koollage, you may not copy, modify, publish, transmit, distribute, perform,
display or sell any of Koollage's proprietary information. "KOOLLAGE" and the
"KOOLLAGE" logo are trademarks of Koollage, Inc.
Your Rights
Koollage claims no ownership or control over any Content submitted,
Posted or displayed by you on or through the Service. You or a third party
licensor, as appropriate, retain all patent, trademark and copyright to any
Content you submit, Post or display on or through the Service and you are
responsible for protecting those rights, as appropriate. By submitting, Posting
or displaying Content on or through the Service, you grant Koollage a worldwide,
non-exclusive, royalty-free license to reproduce, adapt and publish such Content
on the Service solely for the purpose of displaying, distributing and promoting
the Service or any other Koollage Services. This license terminates when such
Content is deleted from the Service. Koollage reserves the right to syndicate
Content submitted, Posted or displayed by you on or through the Service and use
that Content in connection with other services offered by Koollage.
8. General Practices Regarding Use and Storage
You agree that Koollage has no responsibility or liability for the deletion or failure to store any Content maintained or Posted by or through the Service. You acknowledge that Koollage has set no fixed upper limit on the number of transmissions you may send or receive through the Service or the amount of storage space used; however, we retain the right, at our sole discretion, to create limits at any time with or without notice.
9. Links
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Koollage has no control over such sites and resources, you acknowledge and agree that Koollage is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content on or available from such sites or resources. You further acknowledge and agree that Koollage shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content available on or through any such site or resource.
10. Advertisements
Koollage is an ad-supported service. We reserve the right to display advertisements and promotions on the Service. The manner, mode and extent of advertising by Koollage on the Service are subject to change. You agree that Koollage shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on the Service.
11. User Privacy
As a condition of using the Service, you agree to the terms of the Koollage Privacy Policy, as it may be changed from time to time. Koollage will provide you notice of any significant changes by placing a link on the Koollage home page or by email. You understand and agree that Koollage may access, preserve, and disclose your personal information and the contents of your account in order to provide the Service or if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process or protect the rights, property and/or safety of Koollage, its affiliates or the public. Personal information collected by Koollage may be stored and processed in the United States or any other country in which Koollage or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country.
For a full description of how Koollage maintains the personal information you provide, please see our Privacy Policy.
12. Disclaimer of Warranties
Koollage and its affiliates, licensors, partners, suppliers, consultants and agents ( "Koollage Entities" ) disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or Content displayed on the Service. The Koollage Entities disclaim any and all responsibility and liability for your conduct and for the conduct of others using the Service.
THE SERVICE, AND ALL CONTENT, INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR CONTENT OBTAINED OR ACCESSED THROUGH THE SERVICE), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. THE KOOLLAGE ENTITIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you.
YOU AGREE THAT YOUR USE OF THE SERVICES ARE ENTIRELY AT YOUR OWN RISK.
13. Hold Harmless and Indemnity
You agree to hold harmless and indemnify Koollage from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
14. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL KOOLLAGE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICE, WHETHER OR NOT KOOLLAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you. UNDER NO CIRCUMSTANCES SHALL KOOLLAGE BE LIABLE TO YOU FOR ANY MONETARY AMOUNT.
15. Term and Termination
These Terms of Service will apply to your use of the Service. You may terminate your use of the Service immediately at any time, for any reason. We may terminate your use of the Service immediately at any time, for any reason, and at such time you will have no right to use the Service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any such termination.
16. Notices
Koollage may provide you with notices regarding the Service or these Terms of Service by email or postings to the Web site.
17. Miscellaneous Provisions
These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in the County of Santa Clara, California. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. You shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.
Without limiting the foregoing, under no circumstances shall Koollage be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms of Service constitute the entire agreement between you and Koollage with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.