TERMS OF SERVICE
Welcome to the Kontrib.com website (the "Site"). Please read the following Terms of Service carefully before using this Site or opening a kontrib.com account ("Account") so that you are aware of your legal rights and obligations with respect to Kontrib, LLC and its affiliates and subsidiaries (individually and collectively, "we," "us," or "Kontrib").
The goal of Kontrib is to provide user generated content in multiple languages to facilitate global information exchange. The translations on the Site are provided by an automated translation software to quickly make the information posted available in multiple languages. Please be aware that translation software does not produce perfect translations. Our translation software is intended to provide accurate, complete translations, and to continuously improve translation quality, but readers should consult additional sources before acting on information contained in a translated story. Incorrect or incomplete translations provided on the Site are unintentional. For an exact translation of a story, we recommend contacting an experienced human translator.
BY USING THIS SITE OR OPENING AN ACCOUNT, YOU SIGNIFY YOUR IRREVOCABLE ACCEPTANCE OF THIS TERMS OF SERVICE. IF YOU ARE YOUNGER THAN 13 YEARS OLD, YOU MAY NOT OPEN AN ACCOUNT OR USE THE SITE.
Kontrib has the right to revise this Terms of Service at any time without providing notice to its users. Your continued use of this Site, or your Account, shall be deemed irrevocable acceptance of those revisions. Kontrib reserves the right to change, modify, suspend or discontinue any portion of this Site at any time. Kontrib may also impose limits on certain features or restrict your access to parts or the entire Site in its sole discretion and without notice or liability. Kontrib reserves the right to refuse to provide you access to the Site or to allow you to open an Account for any reason.
Privacy
Your privacy is very important to us at Kontrib. To better protect your rights we have provided the Kontrib.com (http://www.kontrib.com/privacy.php) to explain our privacy practices in detail.
User Feedback
User feedback is one way for us to continue to improve the automated translation software we utilize on the Site. If you have feedback for the translation software team, please submit it to feedback@kontrib.com.
Limited License from Kontrib
Kontrib grants you a limited license to access and use the Site subject to the terms and conditions of this Terms of Service. However, this license does not allow you to make any commercial use or any derivative use of this Site (including any of its individual elements or content). You may not use, frame or utilize framing techniques to enclose the Site, or any individual element or materials within the Site, including without limitation, Kontrib's trademarks, logos or other proprietary information (including the content of any text, or the layout and design of any page or form contained on a page) without Kontrib's express written consent. Further, you may not use any circumvention tools, meta tags or any other "hidden text" utilizing a Kontrib name, trademark, URL, or product name without Kontrib's express written consent.
Limited License from User
When you publicly or privately post Content (defined below) on the Site, you grant Kontrib an irrevocable, limited license to display such Content, and to make derivative works from such Content, specifically, in the form of allowing our translation software to make multiple automated translations of the Content.
Accounts and Security
To use aspects of the Site, you must register with Kontrib to open an Account. As part of the registration process, each user will submit his or her email address and select a password. You agree to provide Kontrib with accurate, complete, and updated Account information. You promise you will not (i) select or use the email address of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; (iii) use an email address that Kontrib, in its sole discretion, deems inappropriate or offensive; or (iv) breach any representation, warranty or promise made by you in this Terms of Service regarding your Account. You agree to notify Kontrib of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password. It is your sole responsibility to protect your password and not share your password with any other people. Accordingly, you understand and agree that you shall be liable for any activity performed by any people using the Site with your email address and password.
Kontrib may immediately terminate your Account, or suspend your access to your Account, in its sole discretion and, without notice, for conduct that Kontrib believes is: (i) illegal, fraudulent, harassing or abusive; (ii) a violation of this Terms of Service or any other policies or guidelines posted by Kontrib; or (iii) harmful to other users, third parties, or the business interests of Kontrib. Use of an Account for illegal, fraudulent or abusive purposes may be referred to law enforcement authorities without notice to you. You shall be liable for any activities on or uses of your Account even if such activities or uses were not committed by you. If you file a claim against Kontrib, or a claim which in any way involves Kontrib, then Kontrib may terminate your Account. Upon termination of your Account by Kontrib for any of the above-mentioned reasons, (i) you may not establish a new Account for a period of one year from the date of termination, (ii) Kontrib will have no obligation to notify any third parties regarding such termination, and (iii) you will be responsible for any damages that may result or arise out of termination of your Account.
You may only use this Site and/or open an Account if your applicable jurisdiction allows you to accept this Terms of Service.
Copyright
Kontrib holds the copyright for all copyrighted and copyrightable materials on the Site, including, without limitation, the Kontrib trademark, logo, design, text, graphics, forms, translations of Content and any other applicable materials, including the selection and arrangement of such elements. In addition, the entire Site is copyrighted as a collective work under the United States and other copyright laws. Kontrib holds the copyright in the materials as well as the collective work. The collective work includes works that are licensed to Kontrib. The collective work may also include works that are the property of Kontrib's licensors, which are also protected by copyright and other intellectual property laws.
Trademarks
All trademarks, service marks, logos, trade names, and any other proprietary designations of Kontrib used herein are trademarks or registered trademarks of Kontrib. Any other trademarks, service marks and trade names are the trademarks or registered trademarks of their respective parties.
Links to Third Party Sites
The links provided throughout the Site will let you leave this Site. These links are provided as a courtesy only, and the sites they link to are not under the control of Kontrib in any manner whatsoever. Therefore, Kontrib is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. Kontrib is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by Kontrib of any linked site and/or any of its content therein.
Term of Use
The license for use of this Site is effective until terminated. This license will terminate as set forth within this Terms of Service or if you fail to comply with any term or condition of this Terms of Service. In such event, no notice shall be required by Kontrib to effect such termination.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Kontrib, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site. Kontrib does not control the Content posted on the Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. Under no circumstances will Kontrib be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Site.
You agree not to:
• upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• use the Site to harm minors in any way;
• use the Site to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
• remove any proprietary notices from this Site;
• cause, permit or authorize the modification, creation of derivative works, or translation of the Site without the express written permission of Kontrib;
• use the Site for any commercial purpose or the benefit of any third party or any manner not permitted by the licenses granted herein;
• use the Site for fraudulent purposes;
• attempt to decompile, reverse engineer, disassemble or hack the Site, or to defeat or overcome any encryption technology or security measures implemented by Kontrib with respect to the Site and/or data transmitted, processed or stored by Kontrib;
• harvest or collect any information about or regarding other Account holders, including, but not limited to any personal data or information;
• upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
• upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• upload, post, email, 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 telecommunications equipment;
• disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
• interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
• use the Site to intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
• use the Site to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
• use the Site to "stalk" or otherwise harass another; and/or
• use the Site to collect or store personal data about other users in connection with the prohibited conduct and activities set forth above.
You acknowledge that Kontrib may or may not pre-screen Content, but that Kontrib and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available on the Site. Without limiting the foregoing, Kontrib and its designees shall have the right to remove any Content that violates this Terms of Service or is otherwise objectionable, as determined in Kontrib's sole and absolute discretion. 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. In this regard, you acknowledge that you may not rely on any Content created by Kontrib or submitted to Kontrib, including without limitation information in Kontrib message boards and in all other parts of the Site.
You acknowledge, consent and agree that Kontrib may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Terms of Service; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Kontrib, its users and the public.
You understand that the technical processing and transmission of the Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Violation of Our Terms of Service
If you believe a user on our Site is violating this Terms of Service, please email a detailed description of your complaint to abuse@kontrib.com.
Kontrib may investigate a violation of its Terms of Service or its policies pursuant to a complaint, and may take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted content. Kontrib reserves the right and has absolute discretion, to remove, screen or edit any content that violates its Terms of Service or is otherwise objectionable to Kontrib in its sole and absolute discretion. Kontrib also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. Pursuant to the Digital Millennium Copyright Act, if you are the actual owner of intellectual property, you may provide the official notice of infringement described below, and Kontrib will act in accordance with the Digital Millennium Copyright Act in connection with such materials.
While Kontrib does not monitor the content placed on its site, it will not allow materials that it has actual knowledge to be infringing of a third party's intellectual property rights. Such infringing materials will be removed from the Kontrib web site, and repeat offenders will have their membership terminated.
The Digital Millennium Copyright Act
The Digital Millennium Copyright Act (DMCA) was passed by Congress in October 1998. The purpose of DMCA is two-fold: it limits the liability of service providers whose users are infringing upon the copyright of others, and defines the procedures necessary to report such infringement.
Providing Infringement Notification
If you believe a user on our Site is infringing upon your copyright, you must provide a written communication to the attention of "DMCA Infringement Notification Dept." care of abuse@kontrib.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Pursuant to the DMCA, only owners of intellectual property may provide this official notice for their intellectual property that they feel is being infringed.
Please be aware that you could be liable for damages (which could also include attorneys' fees) if you materially misrepresent a claim that Content is infringing upon your copyright. Note that in a recent case (see Online Policy Group v. Diebold, Inc. for more details), a company claimed their copyrighted material was being infringed upon and sent notification requiring the removal of this material. It was determined in court that the company knowingly and materially misrepresented the claim, and as such was ordered to pay damages and attorneys fees; the company has agreed to pay $125,000 in total. If you are not absolutely certain as to whether Content present on Kontrib infringes upon your copyright, for example, if it may be protected under exceptions to the copyright law, like fair use, it is strongly recommended that you contact an attorney prior to submitting any claim of copyright infringement. Furthermore, if it comes to the attention of Kontrib that any material misrepresentation has occurred or is evident, Kontrib reserves the right to take any action it deems appropriate, in its sole discretion, including, without limitation, suspending your account.
Upon receipt of notification, the Kontrib Abuse Team will take steps to disable access to the infringing material, and will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide Kontrib with a counter notification.
Providing Counter-Notification
If we remove or disable access to Content in response to an infringement notice, you may provide Kontrib with a counter notification by written communication to the attention of "DMCA Counter Notification Dept." at abuse@kontrib.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512).
Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
Following receipt of a counter-notification, the original notifier will be provided with a copy of the counter-notification. Access to the content will remain disabled. Unless the original notifier informs the Kontrib Abuse Team that an action has been filed seeking a court order to restrict access to the content, the content will be replaced after 14 business days.
Your Representations and Warranties
You represent and warrant that:
• you possess the legal right and ability to enter into this Terms of Service (including granting a license to all Content you upload, post, email, transmit or otherwise make available on the Site, and to comply with its terms;
• you will use this Site for lawful purposes only and in accordance with this Terms of Service and all applicable laws, regulations and policies; and
• you will only use this Site on a computer and/or mobile phone on which such use is authorized by the computer's and/or mobile phone's owner.
Disclaimer
THIS SITE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY KONTRIB OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THIS SITE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING, KONTRIB DOES NOT WARRANT THAT CONTENT ON THE SITE WILL BE ACCURATELY TRANSLATED, THAT THIS SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE AND/OR THE SERVER THAT MAKES SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.
YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
Limitation of Liability
IN NO EVENT SHALL KONTRIB BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER, MOBILE PHONE OR MOBILE DEVICE FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE, INCLUDING ANY DAMAGES RESULTING THEREFROM, EVEN IF KONTRIB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SITE IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ANY USE OF THE SITE.
Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.
Indemnity
You agree to indemnify, defend and hold harmless Kontrib, and its subsidiaries, affiliates, officers, parent companies agents, co-branders or other partners, and employees, at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by any indemnified party arising out of or relating to your (i) violation or breach of any term of this Terms of Service or any policy or guidelines referenced herein, or (ii) use or misuse of this Site.
Severability
If any provision of this Terms of Service shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
Miscellaneous
Kontrib reserves all rights not expressly granted herein. Kontrib may modify this Terms of Service at any time by posting the revised Terms of Service on this Site. Your continued use of this Site shall constitute your acceptance of such revised Terms of Service. You may not assign any rights granted to you hereunder. Nothing in this Terms of Service shall constitute a partnership or joint venture between you and Kontrib. The failure of Kontrib at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. This Terms of Service shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are expressly disclaimed. Any legal proceeding arising out or relating to this Terms of Service against or relating to Kontrib or any Indemnified Party under this Terms of Service will be subject to the exclusive jurisdiction of any state or federal court sitting in Los Angeles, California and you irrevocably consent to the jurisdiction of such courts. The terms set forth in this Terms of Service and any agreements included or referred to in this Terms of Service constitute the final, complete and exclusive agreement with respect to this Site and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.
If you have any questions or concerns about this Terms of Service or any issues raised in this Terms of Service or on the Site, please contacts us at:support@kontrib.com.
Under California Civil Code Section 1789.3, residents of California who hold an Account are entitled to the following specific consumer rights information: If you are unable to receive the information you are seeking, or resolve a complaint you may have regarding the services available through this Site, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite North 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
