Privacy
Kno Privacy Policy
Kno, Inc. (“Company”), the provider of the Kno website, products and services, respects your privacy, and has published this Privacy Policy to explain how Company treats information you submit to Company. Please read this Privacy Policy carefully prior to your access to and/or use of www.Kno.com (the “Site”) or your registration for or use of the Services (as defined in Company’s Terms and Conditions of Use Agreement (the "Terms of Use" at http://kno.com/privacy.html#terms). If you do not agree to abide by this Privacy Policy, please do not access or use the Site or register for or use the Services.
By submitting information to Company, either by visiting or using the Site or registering for or using the Services, you are accepting the practices described in this Privacy Policy and the Terms and Use. This Privacy Policy is governed by the Terms of Use, which includes all disclaimers of warranties and limitation of liabilities. All capitalized terms not defined in this Privacy Policy will have the meaning set forth in the Terms of Use.
These terms are effective as of June 1, 2010.
1. ACCESS TO AND USE OF THE SITE AND THE SERVICES
You represent and warrant that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement.
2. COLLECTION OF PERSONAL INFORMATION
You acknowledge that Company may collect and process “personal information” (i. e. information that could be used to contact you, such as full name, postal address, user name and password, phone number or e-mail address) or “demographic and usage information” (i. e. information that you submit, or that we collect, that is not personal information but necessary for the proper functioning of our Service, such as the date regarding the start and end and the extent of your usage of the Service and your personal interests and preferences), in connection with the Kno products or services. Such information collected by Company may be stored and processed in the United States or any other country in which Company or its agents maintain facilities. By using Kno products or services, you consent to any such transfer of information outside of your country. Company makes no representation or warranty with respect to any duty to permanently store any personal information you may provide.
3. CHANGE OR UPDATE REGISTRATION DATA
You may request a change to or update the Registration Data you provide Company by contacting the Company at info@kno.com or changing your profile in the My Account section if provided by the Company. It is your responsibility to maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
4. USE OF PERSONAL INFORMATION
Company uses your personal information to improve and customize the content and advertising you see on the Site, and, if you permit Company, to contact you about special offers and new products. Your personal information may also be aggregated and used by Company for market research, project planning, troubleshooting problems, detecting and protecting against error, fraud or other criminal activity, to enforce the Terms of Use or any applicable Rules, for other internal purposes, and as otherwise described to you at the time of collection. Company will obtain your consent for any use of your personal information beyond those set forth in this Privacy Policy and the original uses for which you provided your consent.
You agree that Company may use personal information about you to improve Company’s marketing and promotional efforts, analyze website usage, improve or customize Company’s Products or Services, customize the Site’s content, and as otherwise set forth in this Privacy Policy. Unless you specifically opt out, you also agree that Company may use your personal information to contact you and deliver information to you that, in some cases, is targeted to your interests, such as targeted banner advertisements, administrative notices, product offerings, and communications relevant to your use of the Site or the Products or Services offered by te Company. By accepting the Terms of Use and this Privacy Policy, unless you specifically opt out, you expressly agree to receive this information.
Any personal information or content that you voluntarily disclose online (on discussion boards, in messages and chat areas, within your public profile page, etc.) becomes publicly available and can be collected and used by others. Although Company will take all reasonable measures to protect information posted by users in password-protected or otherwise access-restricted User Pages of the website, please be mindful that no online security system is flawless. Please exercise caution in posting any sensitive personal information, particularly in connection with children. Do not post any information that would allow anyone to directly contact a child under the age of 13. Your account name (not your e-mail address) may be displayed to other Users when you upload content or send messages through the Site and other Users can contact you through messages and comments. Any content that you submit to the Site may be redistributed through the internet and other media channels, and may be viewed by the general public, subject to the Terms of Use.
5. DISCLOSURE OF PERSONAL INFORMATION
Except as expressly provided herein, absent your prior consent, Company does not share your personal information with any unrelated third parties. Additionally, Company does not permit unrelated third parties to perform “reverse searches” whereby they could identify users from e-mail addresses. Company does, however, share some of your personal information with its affiliates, and unless you specifically opt out, you authorize Company and its affiliates to use your personal information in connection with electronic communications to you, including, without limitation, e-mail or any off-line offerings or campaigns. In addition, the following describes some of the ways that your personal information may be disclosed in the normal scope of business to provide you with the Products or Services:
- Advertisers. Company may aggregate personal information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for their marketing and promotional purposes. However, in these situations, Company does not disclose to these entities any information that could be used to identify you personally without your explicit consent.
- External Service Providers. There are a number of separate services offered by third parties that Company refers to as external service providers that may be complementary to your use of the Site or the Products or Services. If you choose to use these separate services, disclose information to the external service providers, and/or grant them permission to collect information about you, then their use of your information is governed by their privacy policy. With your consent, and for your convenience, Company may provide some of your personal information to an external service provider offering such services. To prevent Company’s disclosure of your personally identifiable information to an external service provider, you can decline such consent or simply not use their services. Because Company does not control the privacy practices of these third parties, you should evaluate their practices before deciding to use their services.
- Internal Service Providers. Company may use third parties that Company refers to as internal service providers to facilitate or outsource one or more aspects of Company’s business, Products and Services that Company provides to you and, therefore, Company may provide some of your personal information directly to these internal service providers (e.g. customer care). In some instances, the internal service provider may collect information directly from you. In these cases, you will be notified of the involvement of the internal service provider. If you provide additional information to an internal service provider directly, then their use of your personally identifiable information is governed by their applicable privacy policy.
Notwithstanding the foregoing, Company reserves the right, and you authorize Company, to share or disclose your personal information, including, without limitation, any content, records or electronic communications of any kind, when Company determines, in its sole discretion, that the disclosure of your personally identifiable information is necessary to identify, contact, or bring legal action against you if:
- you are or may be violating the Terms of Use, this Privacy Policy or any applicable Rules;
- you are interfering with Company’s or a third party’s rights or property;
- you are violating any applicable law, rule or regulation;
- necessary or required by any applicable law, rule or regulation; and/or
- requested by governmental authorities in the event of any investigation, act of terrorism or instance of local, regional or national emergency.
In addition, Company cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example, without limiting the foregoing, Company may be forced to disclose personal information to the government or third parties under certain circumstances or third parties may unlawfully intercept or access your transmissions or communications. Therefore, although Company uses industry standard practices to protect your privacy, Company does not promise, and you should not expect, that your personally identifiable information or private communications will always remain private.
In the event of a merger, acquisition, or change of control of Company, personal information collected by Company about you will be considered a business asset and will be transferred to the applicable new entity.
6. NEWSLETTERS, ETC.
Company maintains a strict “no-spam” policy. If you register for Company Products or Service, you may receive Company’s newsletter, notices and/or special offers via e-mail, unless you have requested otherwise at the time of registration or as set forth below.
You may unsubscribe from Company’s electronic newsletters, notices and/or special offers at any time by following the instructions contained at the end of every such e-mail. While all efforts are made to insure this information is viewable in all e-mail browsers, there may be cases where certain e-mail browsers do not display the unsubscribe information correctly. If you are having problems unsubscribing please forward the entire newsletter here help@kno.com with the word “UNSUBSCRIBE” in the Subject line and you will be removed within 7 business days. Please note that direct replies to any newsletter are processed by computer and are not always viewed by a human.
7. COOKIES
“Cookies” are alphanumeric identifiers in the form of text files that are inserted and stored by your web browser on your computer’s hard drive. Company and third party advertisers may set and access cookies on your computer to track and store preferential information about you. Company and third party advertisers gather anonymous information about their users through cookie technology on an aggregate level only. Such aggregated information is used within Company’s internal organization and is only shared with third party advertisers on an aggregated and non-personally identifiable basis.
8. WEB BEACONS
Web Beacons, also known as pixel tags and clear GIFs (“Web Beacons”), are electronic images that allow a website to access cookies and help track marketing campaigns and general usage patterns of visitors to those websites. Web Beacons can recognize certain types of information, such as cookie numbers, time and date of a page view, and a description of the page where the Web Beacons is placed. No personally identifiable information about you is shared with third parties through the use of Web Beacons on the Site. However, through Web Beacons, we may collect general information that will not personally identify you, such as: Internet browser, operating system, IP address, date of visit, time of visit and path taken through the Site.
Internal use of Web Beacons. Company may use Web Beacons internally to count visitors and recognize visitors through cookies. Access to cookies helps Company personalize your experience when you visit the Site.
- Email. Company may include Web Beacons in HTML-formatted e-mail messages that Company sends to you. Web Beacons in e-mail messages helps Company determine your interest in and the effectiveness of such e-mails.
- External use of Web Beacons,. Company may also use Web Beacons externally. For example, Company may report aggregate information about visitors, such as demographic and usage information, to its affiliates and other third parties. Company may also include other company’s Web Beacons within the Site.
9. SECURITY
Personal information you submit to Company is password protected for your privacy and security. In the unlikely event that an unauthorized third party compromises Company’s security measures, Company will not be responsible for any damages directly or indirectly caused by an unauthorized third party’s ability to view, use or disseminate such information.
10. LINKS TO OTHER WEBSITES
The Site may include links to third party websites. Such links are not an endorsement by Company of those websites and/or the products or services offered on those websites. Third party websites may have different privacy policies, and Company is not responsible for the privacy practices of those third party websites. If you click on a link to a third party website, Company encourages you to check the privacy policy of that website, as it may differ substantially from that of this Privacy Policy. Company makes no representations or warranties nor is Company responsible for the privacy policies of any websites other than the Site. If you decide to access any third party links appearing on the Site, you do so at your own risk.
11. TRANSMISSIONS, SUBMISSIONS AND POSTINGS
Company welcomes the submission of comments, information and feedback regarding the Site and the Compnay Products or Services. However, Company does not want to receive certain kinds of information from you, including any confidential or proprietary information, without prior written consent of Company. Although Company does not regularly review your transmissions, submissions or postings, Company reserves the right (but not the obligation), at its sole discretion and at any time, to edit, refuse to post or remove your transmissions, submissions or postings. You hereby acknowledge and agree that Company may review transmissions, submissions or postings made by you to determine, in its sole discretion, your compliance with the Terms of Use, this Privacy Policy and any applicable Rules, and that Company shall have the unrestricted right to use such information for any purpose and without compensation to you.
12. OTHER TERMS
To review other applicable terms and conditions that apply to this Privacy Policy, including, without limitation, intellectual property rights, disclaimer of warranties, limitation of liability and resolving disputes, please review the Terms of Use.
13. CHANGES TO THIS PRIVACY POLICY
Company reserves the right, at its sole discretion, to update, amend and/or change this Privacy Policy without prior notice and at any time. Updates to this Privacy Policy will be posted here. You are encouraged to revisit this Privacy Policy from time to time in order to review any changes that have been made. Your continued use of the Site and any Services following the posting of any such changes shall automatically be deemed your acceptance of all changes. Company’s last update to this Privacy Policy was made and posted on May 13, 2010.
14. CHILDRENS’ PRIVACY
Protecting the privacy of young children is especially important. Please do not post any personal information or individually identifiable information which can be used to contact any child, including but not limited to the child’s home or other physical address, e-mail address, telephone number, or Social Security number.
15. SPECIAL NOTE TO INTERNATIONAL USERS
The Site is hosted in the United States. If you are a User accessing the Site from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Site, which is governed by U.S. law, this Privacy Notice, and our Terms of Use, you are transferring your personal information to the United States and you consent to that transfer.
16. IN THE EVENT OF MERGER, SALE, OR BANKRUPTCY
In the event that Company is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our Users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred, or used.
17. QUESTIONS OR CONCERNS
If you have questions, comments, concerns or feedback regarding this Privacy Policy, please contact us by sending postal mail or an e-mail to:
Kno, Inc.
5155 Old Ironsides Drive
Santa Clara, CA 95054
e-mail: info@kno.com
Kno Terms and Conditions of Use Agreement
1. Description of Service, Acceptance of Terms, Modification
Kno, Inc. (“Company”) provides users (“Users”) of the web pages located at www.Kno.com (the “Site”) with an Produts and Services associated with the Kno Device (defined below), and other features, functions or services on the Site (collectively, the “Service”). The Service may include web hosting for storing User Content, the creation of personalized User web pages (“User Pages”), and the cataloging and indexing of User Content. To become a user, you must provide Company with certain personal information and create an account.
This Agreement sets out the legally binding terms between you and Company. This Agreement applies to all Users of the Site or Service, including Users who are also contributors of text, audio or video or any other content, information, and other materials or services on the Site. If you choose to use the Site or Service, you will be agreeing to abide by all of the terms and conditions of this Terms and Conditions of Use Agreement (the “Agreement”). Company may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the Service and notify you, or send them to you via e-mail.
IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE THE SERVICE. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE AND AGREEMENT BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.
Company may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
In addition, when using particular Company services, you and Company shall be subject to any additional terms, guidelines or rules applicable to such services, which may be posted from time to time. All such additional terms, guidelines and rules are hereby incorporated by reference into this Agreement. Also, Company may offer other services from time to time that are governed by different terms of service.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Company properties, shall be subject to this Agreement.
2. Privacy
Your privacy is very important to Company. Please review our Privacy Policy at http://kno.com/privacy.html#privacy, which also governs your use of the Service, to understand our practices.
3. Intellectual Property and Trademarks
As between you and Company, Company is the owner of all intellectual property rights, including all copyrights, patents, trademarks associated with the Site and the Service, including all associated software, logos, text, and graphics, but excluding User Content (defined below). You agree not to display or use any Company intellectual property without Company’s prior permission.
Kno and the Kno logo are trademarks of Company.
4. License and Site Access
Company grants you a limited license to access and make personal use of the Site and the Service. You agree not to download (other than page caching) or modify the Site, or any portion of it, except with express written consent of Company. This license does not include any resale or commercial use of the Site, the Service, or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Site is for the personal use of Users only and may not be used in connection with any commercial endeavors except those may be specifically endorsed or approved by the management of Company from time to time. Certain User Pages on the Site containing User Content from particular Users may be password protected and/or accessible only by invited guests of such Users. Illegal and/or unauthorized use of any aspect of the Site or Service, including unauthorized access to User Pages, collecting usernames, passwords, e-mail addresses or using or copying User Content of other Users by electronic or other means for any purpose, including the purpose of sending unsolicited e-mail, unauthorized framing of or linking to the Site or other purposes will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from posts or accounts without notice and may result in termination of membership privileges. Company will take appropriate legal action for any illegal or unauthorized use of the Site or the Service. The Site, Service, or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, content, music, text, page layout, or form) of Company and our affiliates or other Users without express written consent. You may not use any meta tags or any other “hidden text” utilizing Company’s name or trademarks without the express written consent of Company. Any unauthorized use terminates the permission or license granted by Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to Company so long as the link does not portray Company, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Company logo or other proprietary graphic or trademark as part of the link without express written permission.
5. Account, Password, Security
a) You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You are also responsible for establishing, monitoring and maintaining any access restrictions to any User Pages containing User Content uploaded by you to which you want to restrict access, including keeping secret any password or other information designed to restrict such access and/or inviting and managing only those guests you want to visit your User Pages.
Although Company will take reasonable measures to restrict access to User Pages in accordance with reasonable User instructions, please be mindful that no online security system is flawless. Please exercise caution in posting User Content, including any sensitive personal information, particularly in connection with children. Without limitation, do not post any information that would allow anyone to directly contact a child. You agree to (i) immediately notify Company of any unauthorized use of your password or account, unauthorized access to your User Pages, or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. Company cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
b) You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form (such information being the “Membership Data”) and maintain and promptly update the Membership Data to keep it true, accurate, current and complete. If you do not, or Company has reasonable grounds to suspect that you have not, Company has the right to suspend or terminate your account and refuse any and all current or future us of the Site. Membership Data and certain other information about you are subject to our privacy policy: Privacy Policy.
6. International
You agree to not use the Site or export any portion of the Site, including the User Content (defined below) in violation of U.S. export regulations. You are responsible for adhering to all relevant local and national laws wherever you are.
7. Uploaded Content, Comments, Etc.
Please choose carefully the words, information, content, messages, text, files, images, photos, videos, music, sounds, profiles, works of authorship or any other materials you post, upload, publish or display on the Site or through the Service and any such content that you provide or make available to other Users (collectively, “User Content”). You are responsible for all your User Content, as set forth below.
Any photographs, images or videos posted by you may not contain nudity or obscene, lewd, excessively violent, harassing, sexually suggestive or explicit or otherwise objectionable subject matter.
Information or User Content provided by other Users may contain inaccurate, inappropriate or offensive material, products or services, and Company assumes no responsibility or liability for this material.
Company reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of the Site and/or the Service at any time, for any or no reason, with or without prior notice, and without liability.
User Content shall not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and shall not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content. Company has the right but not the obligation to remove or edit User Content, but does not regularly review User Content. Company takes no responsibility and assumes no liability for any User Content.
For clarity, you retain all of your ownership rights in your User Content. However, by submitting the User Content to Company, you hereby grant Company a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, syndicate (through RSS feeds and the like), modify, display, and perform the User Content in connection with the Site and the Service. Subject to your access restrictions to your User Pages, you also hereby grant each user of the Site that you have invited a non-exclusive license to access your User Content through the Site, and to use, display and perform such User Content as permitted through the functionality of the Site and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete such User Content from the Site. You grant Company and its affiliates the right to use the name that you submit in connection with such User Content. You are solely responsible for any necessary payments that may become due to any third parties as the result of your posting of or linking to the User Content and Company’s use thereof.
The following is a partial list of the kind of User Content that is illegal or prohibited on the Site and the Service. Company reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending User Content from the Site or Service and terminating the membership of such violators. Prohibited User Content includes content that: (i) is obscene, patently offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) harasses or advocates harassment of another person; (iii) involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”; (iv) consists of information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) consists of an illegal or unauthorized copy of a copyrighted work, such as sound recordings, musical compositions and videos in which you do not personally own the copyright (including CDs and tracks you may have purchased), or otherwise do not have the necessary authority from the copyright owner(s); (vi) computer programs or links to them or providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files; (vii) contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page); (viii) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; (ix) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (x) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (xi) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or (xii) uses sexually suggestive imagery or any other unfair, misleading or deceptive content intended to draw traffic to the profile.
8. Conduct
a) You agree to abide by the terms of this Agreement, and to not use the Service to: (i) interfere with, manipulate, or take any actions that may undermine the integrity of any rating system used on the Service; (ii) 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; (iii) collect or store personal data about other Users; or (iv) harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any other User without their prior explicit consent.
b) Without limiting other remedies, Company and its affiliates may immediately warn Users of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide the Service to you if: (i) you breach this Agreement or the documents it incorporates by reference; (ii) we are unable to verify or authenticate any information you provide to us; or (iii) we believe that your actions may cause financial loss or legal liability for you, us or our Users. Your membership will be terminated and you will be denied access to the Service if you breach this Agreement or any other agreement between you and Company in any way on more than one occasion.
c) You are solely responsible for your interactions with other Users of the Site or Service. Company reserves the right, but has no obligation, to monitor disputes between you and other Users.
9. Use & Storage
You acknowledge that Company may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that User Content will be retained by or made available through the Service, the maximum disk or storage space that will be allotted on Company’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. Company intends to make Users aware of such practices and limits before they are implemented. You agree that Company has no responsibility or liability for the blocking, deletion or failure to store any User Content maintained or transmitted by the Service. You acknowledge that Company reserves the right to cancel accounts that are inactive for an extended period of time. You further acknowledge that Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
10. Third-Party Content, Links and Syndication
Company is not responsible for any User Content, third-party content, syndicated content, applications, services, advertisements, and/or links that may be contained in the Site or the Service. The Site may contain links to third party websites that are not owned or controlled by Company. Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Company will not and cannot censor or edit the content of any third-party site. By using the Site, you expressly relieve Company from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Company Site and to read the terms and conditions and privacy policy of each other website that you visit Any correspondence, business dealings with, syndication, linking or participation in promotions of third parties found on or through the Site, including payment or delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. Company has no control over third-party websites or resources, and as such, you acknowledge and agree that Company is not responsible for their availability, reliability, or functionality, and does not endorse and is not responsible or liable for any third-party content, applications, services, advertising, products, or other materials on or available from such websites or resources. Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between you and any third parties, or as the result of the presence of such third-party content or User Content on the Site or as a result of the failure of such third-party services, applications, or content to function as intended.
11. Termination
You may terminate this Agreement at any time by canceling your membership and following the instructions in your account settings. Company may terminate this Agreement at any time for any reason upon notice to you by e-mail. Sections 3, 12, 13, 14, 15, 16, 17 and 18 shall continue in full force and effect upon any termination of this Agreement.
12. Representations & Warranties
a) You represent and warrant that you have the full authority to act on your behalf and on behalf of any and all owners of any right, title and interest in and to any User Content you post, submit, transfer or link to.
b) You represent and warrant that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement and have obtained all necessary third-party consents, licenses and permissions necessary to enter into and fully perform your obligations herein. Your membership or access to the Site and Service may be deleted or blocked without warning if it is found that you are misrepresenting your age. Your membership is solely for your personal use, and you shall not authorize others to use your account.
c) You represent and warrant that you are solely responsible for all User Content posted, uploaded, published or displayed through your User account, including any messages, and for your interactions with other Users. You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Company to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Site and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Site and these Terms of Service. For clarity, you retain all of your ownership rights in your User Content.
d) You represent and warrant that you shall not act in any manner that conflicts or interferes with any existing commitment or obligation of yours, and that no agreement previously entered into by you will interfere with your performance of your obligations under this Agreement.
e) You represent and warrant that you shall perform in compliance with any applicable laws, rules and regulations of any governmental authority.
f) You represent and warrant that you will not use the Service to upload, post, link to, e-mail, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or any telecommunications equipment.
13. Disclaimer
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
14. Indemnification, Limited Liability
a) You hereby indemnify and hold harmless, and upon Company’s request, defend, Company its affiliates (and their respective directors, officers and employees) from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) arising out of any claim, action, or proceeding brought by a third party based on: (i) a breach of any warranty, representation, covenant or obligation of yours under this Agreement; or (ii) any allegation that any User Content provided, uploaded, or authorized by or on behalf of you hereunder or Company’s or any User’s use thereof violates or infringes the rights of another party. You will reimburse Company and its affiliates on demand for any actual payments made in resolution of any liability or claim that is subject to indemnification under this Section 14, provided that Company obtains your written consent prior to making such payments, such consent not to be unreasonably withheld, delayed or conditioned. Company shall promptly notify you of any such claim, and you shall assume control of the defense of such claim upon Company’s request. Company shall have the right, at its expense, to participate in the defense thereof under your direction.
b) EXCEPT PURSUANT TO YOUR INDEMNITY OBLIGATION IN SECTION 14(a), AND EXCEPT FOR A BREACH OF YOUR REPRESENTATIONS AND WARRANTIES IN SECTION 12, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING LOSS OF PROFITS OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THEIR POSSIBILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
15. Applicable Law
This Agreement and the relationship between you and Company shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Company agree to submit to the personal and exclusive jurisdiction of the courts located in Santa Clara County, California.
16. Notice
Company will provide notices of changes to this Agreement or the Privacy Policy by displaying notices or links to notices to you generally on the Service. Except as explicitly stated otherwise, any notices to Company shall be sent by certified mail, return receipt requested, to Company, Kno, Inc., 60 E. Third Avenue, Suite 410, San Mateo, CA 94401. Notice shall be deemed given three (3) days after the date of mailing.
17. Copyright Infringement
Company respects the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Company’s copyright agent with the following information (“Notice”): (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (2) a description of the copyrighted work or other intellectual property that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Site; (4) your address, telephone number, and e-mail address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. Any Notice of claims of copyright or other intellectual property infringement must be sent to Company at:
Kno, Inc.
5155 Old Ironsides Drive
Santa Clara, CA 95054
e-mail: copyright@kno.com
Please note that this procedure is exclusively for notifying Company and its affiliates that your copyrighted material has been infringed.
18. General
a) This Agreement along with the Privacy Policy and any additional terms, rules or regulations posted on the Service constitute the entire agreement between you and Company and govern your use of the Service, superseding any prior agreements between you and Company. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
b) The failure of Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
c) If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
d) You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
e) The section titles in this Agreement are for convenience only and have no legal or contractual effect.