Terms of Service
The following terms and conditions govern your use of the Kontribune services and products (referred to from now on as just "Kontribune"). Kontribune is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other rules and policies that we may publish from time to time on this site (collectively referred to from now on as the "Agreement").
Please read this Agreement carefully before using Kontribune. If you decide to use Kontribune, it means you agree to be bound by the Agreement. If you do not agree to any part of the Agreement, then you may not access or use Kontribune.
Kontribune is available only to individuals who are at least 13 years old.
- Your Kontribune Newspaper. If you create a newspaper on Kontribune (referred to from now on as a "Newspaper"), you are responsible for maintaining the security of your account and Newspaper, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Newspaper. You must immediately notify Kontribune, LLC (referred to from now on as "we" or "us") of any unauthorized uses of your Newspaper, your account or any other breaches of security. We are not liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate a Newspaper, comment on a Newspaper, post material to the Newspaper, post links on the Newspaper, or otherwise make (or allow others to make) material available by means of the Newspaper (any such material referred to from now on as "Content"), you are entirely responsible for, and any harm resulting from, that Content. That is the case regardless of whether the Content in question is text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either received permission from your employer to post or make available the Content, or secured from your employer a waiver of all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not automatically-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your Newspaper is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other Newspapers and web sites, and similar unsolicited promotional methods;
- your Newspaper is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your Newspaper's URL or name is not the name of a person other than yourself or group other than your own;
- License to Kontribune, LLC. By submitting Content to us for inclusion in your Newspaper, you grant us a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Newspaper. If you delete Content, we will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
- Right to Refuse or Remove Content. Without limiting any of those representations or warranties, we have the right (though not the obligation) to, in our sole discretion (i) refuse or remove any content that, in our opinion, violates any our or policies or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of Kontribune to any individual or entity for any reason. We will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms. Payments will be charged on a pre-pay basis on the day you sign up for Kontribune and will cover the use of it for the subscription period indicated.
- Automatic Renewal. Unless you notify us before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Subscriptions can be cancelled at any time by [insert cancellation mechanism]
- Support. Depending on your subscription level, you will be entitled to certain levels of support. Please review the specific support terms that were provided to you with your subscription.
- Responsibility of, and Notice to, Newspaper Readers. We have not reviewed, and cannot review, any of the material posted to Newspapers, and cannot therefore be responsible for any content thereof, its use or effects. We do not represent or imply any endorsement of the material posted on any Newspaper(s), or believe such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. It is possible, although against the terms of this Agreement, that a Newspaper may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. A Newspaper may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. We disclaim any responsibility for any harm resulting from the use by Newspaper Readers of Kontribune.
- Content Posted on Other Websites ("External Content"). We have not reviewed, and cannot review, any or all of the External Content to which a Newspaper may link, and that may link to a Newspaper. We are not responsible for External Content or its use. By allowing a Newspaper to link to External Content, we do not represent or imply that we endorse such External Content. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. We disclaim any responsibility for any harm resulting from your use of, or linkage to, External Content.
- Copyright Infringement and DMCA Policy. As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or linked to by Kontribune violates your copyright, you are encouraged to notify us in accordance with our Digital Millennium Copyright Act ("DMCA") Policy. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Kontribune or others, we may, in our discretion, terminate or deny access to and use of Kontribune. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to us.
- Intellectual Property. This Agreement does not transfer from us to you any of our or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with us. Kontribune(tm) and all other trademarks, service marks, graphics and logos used in connection with Kontribune, are trademarks or registered trademarks of ours or our licensors. Other trademarks, service marks, graphics and logos used in connection with the Kontribune or individual Newspapers may be the trademarks of other third parties. Your use of the Kontribune grants you no right or license to reproduce or otherwise use any of our trademarks or those of third-parties.
- Changes. We reserve the right, at our sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/or features. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. If you wish to terminate this Agreement or your Kontribune account (if you have one), you must follow the Account Termination procedures as then currently provided on our website. Although we don't ever plan to do so, we can terminate Kontribune at any time as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. Kontribune is provided "as is". Kontribune, LLC and our suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither us nor our suppliers and licensors, make any warranty that Kontribune will be error-free or that access to it will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, Kontribune at your own discretion and risk.
- Limitation of Liability. In no event will Kontribune, LLC or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to us under this agreement during the twelve (12) month period prior to the cause of action. We shall have no liability for any failure or delay due to matters beyond our reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Kontribune, LLC, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of Kontribune, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Kontribune, LLC and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Kontribune, LLC or by the posting by us of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of Kontribune will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Kontribune, LLC may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.