PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE CAREFULLY.
ACCEPTANCE OF TERMS
kueli.com (the “Site”) pr?vides articles, ph?t?s and vide? h?sting/bl?gging service t? y?u (the “Service(s)”), subject t? the f?ll?wing Terms ?f Service (“TOS”), which may be updated fr?m time t? time with?ut n?tice t? y?u. Y?ur use ?f the Service c?nstitutes acceptance ?f these TOS and creates a binding legal agreement, s? read them carefully. Please n?te, y?u must be 13 years ?r ?lder t? use this Service. Any reference t? us, ?ur, we ?r similar w?rds shall refer t? this Site and its affiliates theret?.
Y?u agree that all inf?rmati?n pr?vided t? us up?n registrati?n and at all ?ther times will be true, accurate, current and c?mplete. Y?u als? agree that y?u ensure this inf?rmati?n will be kept up t? date at all times. This especially applies t? y?ur email address since we will direct all c?mmunicati?n t? y?u ab?ut y?ur acc?unt t? y?ur email address. We will use the inf?rmati?n y?u pr?vide t? us in acc?rdance with ?ur Privacy P?licy (as determined bel?w).
In ?rder t? use the Services, y?u agree t? be b?und by the Privacy P?licy ?f the Site. Please review the Privacy P?licy (which may be accessed at the Site) ?n a regular basis as it may be updated fr?m time t? time.
Unless ?therwise indicated, all Site n?n c?ntent materials, including, with?ut limitati?n, the Site l?g?, and all designs, text, graphics, ?ther n?n c?ntent files, and the selecti?n and arrangement there?f are the pr?prietary and c?pyrighted pr?perty ?f the Site. Y?u may electr?nically c?py and print t? hard c?py p?rti?ns ?f this Site f?r the s?le purp?se ?f using materials it c?ntains f?r inf?rmati?nal and n?n-c?mmercial, pers?nal use ?nly. Any ?ther use ?f the materials in this Site that ?riginated fr?m us – including any c?mmercial use, repr?ducti?n f?r purp?ses ?ther than described ab?ve, m?dificati?n, distributi?n, republicati?n, display ?r perf?rmance – with?ut the pri?r written permissi?n ?f us is strictly pr?hibited.
The Site name and l?g? are ?ur trademarks, and may n?t be c?pied, imitated ?r used, in wh?le ?r in part, with?ut ?ur pri?r written permissi?n. In additi?n, all page headers, cust?m graphics, butt?n ic?ns and scripts are service marks, trademarks and/?r trade dress ?f the Site, and may n?t be c?pied, imitated ?r used, in wh?le ?r in part, with?ut ?ur pri?r written permissi?n.
USE OF CONTENT SUBMITTED BY YOU/USER/AUTHOR
Y?u agree that any C?ntent y?u upl?ad, p?st, email, transmit ?r ?therwise make available via the Service is n?n-c?nfidential and that we shall have a perpetual, w?rldwide, n?n-exclusive license t? use any such C?ntent in c?nnecti?n with the Service and ?ur business (and any success?r), including with?ut limitati?n f?r pr?m?ting and redistributing part ?r all ?f the Service (and derivative w?rks there?f) in any media f?rmats and thr?ugh any media channels. Y?u als? hereby grant each User a n?n-exclusive license t? access y?ur C?ntent thr?ugh the Site, and t? use, repr?duce, distribute, prepare derivative w?rks ?f, display and perf?rm such C?ntent as permitted thr?ugh the functi?nality ?f the Site and under these Terms ?f Service. The submissi?n ?f any materials t? us irrev?cably waives any and all “m?ral rights” in such materials, including the rights ?f paternity and integrity. The f?reg?ing license granted by y?u terminates ?nce y?u rem?ve ?r delete C?ntent fr?m the Site.
USER / AUTHOR CONDUCT
Y?u understand that all C?ntent p?sted by Users/Auth?rs, whether publicly p?sted ?r privately transmitted, are the s?le resp?nsibility ?f the User fr?m which such C?ntent ?riginated. This means that y?u – the Auth?r, and n?t us – the Site, are entirely resp?nsible f?r all C?ntent that y?u/user/auth?r upl?ad, p?st, email, transmit ?r ?therwise make available via the Service. We d? n?t c?ntr?l the C?ntent p?sted via the Service and, as such, d? n?t guarantee the accuracy, integrity ?r quality ?f such C?ntent.
Y?u understand that by using the Service, y?u may be exp?sed t? C?ntent that is ?ffensive, indecent ?r ?bjecti?nable. Under n? circumstances will we be liable in any way f?r any C?ntent, including, but n?t limited t?, f?r any err?rs ?r ?missi?ns in any C?ntent, ?r f?r any l?ss ?r damage ?f any kind incurred as a result ?f the use ?f any C?ntent p?sted, emailed, transmitted ?r ?therwise made available via the Service.
Y?u agree t? n?t use the Service t?:
- upl?ad, p?st, email, transmit ?r ?therwise make available any C?ntent that is unlawful, harmful, threatening, abusive, harassing, t?rtu?us, defamat?ry, vulgar, ?bscene, libel?us, invasive ?f an?ther’s privacy, hateful, ?r racially, ethnically ?r ?therwise ?bjecti?nable;
- harm min?rs in any way;
- impers?nate any pers?n ?r entity, including, but n?t limited t?, a Site ?fficial, f?rum leader, guide ?r h?st, ?r falsely state ?r ?therwise misrepresent y?ur affiliati?n with a pers?n ?r entity;
- f?rge headers ?r ?therwise manipulate identifiers in ?rder t? disguise the ?rigin ?f any C?ntent transmitted thr?ugh the Service;
- upl?ad, p?st, email, transmit ?r ?therwise make available any C?ntent that y?u d? n?t have a right t? make available under any law ?r under c?ntractual ?r fiduciary relati?nships (such as inside inf?rmati?n, pr?prietary and c?nfidential inf?rmati?n learned ?r discl?sed as part ?f empl?yment relati?nships ?r under n?ndiscl?sure agreements);
- upl?ad, p?st, email, transmit ?r ?therwise make available any C?ntent that infringes any patent, trademark, trade secret, c?pyright ?r ?ther pr?prietary rights ?f any party, ?r which w?uld vi?late any right ?f publicity, right ?f privacy ?r ?ther right ?f any party with?ut first ?btaining permissi?n ?f the ?wner ?f such right. This includes gr?up ?r individual p?rtraits ?f pe?ple taken by pr?fessi?nal ph?t?graphers. Ph?t?s ?f pe?ple may ?nly be used with the permissi?n ?f the individual wh?se image is p?rtrayed (?r f?r min?rs, the permissi?n ?f their parent ?r guardian). This includes celebrities and pr?fessi?nal athletes, as well as ?rdinary citizens;
- upl?ad, p?st, email, transmit ?r ?therwise make available any uns?licited ?r unauth?rized advertising, pr?m?ti?nal materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” ?r any ?ther f?rm ?f s?licitati?n;
- upl?ad, p?st, email, link, transmit ?r ?therwise make available any material that c?ntains s?ftware viruses ?r any ?ther c?mputer c?de, files ?r pr?grams designed t? interrupt, destr?y ?r limit the functi?nality ?f any c?mputer s?ftware ?r hardware ?r telec?mmunicati?ns equipment;
- interfere with ?r disrupt the Service ?r servers ?r netw?rks c?nnected t? the Service, ?r dis?bey any requirements, pr?cedures, p?licies ?r regulati?ns ?f netw?rks c?nnected t? the Service;
- intenti?nally ?r unintenti?nally vi?late any applicable l?cal, state, nati?nal ?r internati?nal law, including, but n?t limited t?, regulati?ns pr?mulgated by the U.S. Securities and Exchange C?mmissi?n, any rules ?f any nati?nal ?r ?ther securities exchange, including, with?ut limitati?n, the New Y?rk St?ck Exchange, the American St?ck Exchange ?r the NASDAQ, and any regulati?ns having the f?rce ?f law;
- “stalk” ?r ?therwise harass an?ther;
- c?llect ?r st?re pers?nal data ab?ut ?ther Users;
- link t? ?r refer t? C?ntent n?t all?wed under these TOS;
- ?therwise use the service in a manner deemed inappr?priate by us.
POSSIBLE CONTENT REMOVAL
We retain the right, but n?t the ?bligati?n, t? m?nit?r and edit ?r rem?ve any activity ?r C?ntent that it deems in its s?le discreti?n t? be harmful t? Users, us ?r the rights ?f any third party, ?r t? vi?late any applicable law. This includes the right, but n?t the ?bligati?n, t? rem?ve any text ?r images upl?aded by y?u that we deem in ?ur s?le judgment t? be inappr?priate ?r that we believe may subject us t? any liability, including with?ut limitati?n the f?ll?wing:
- ph?t?graphs, pictures, images, text ?r ?ther materials submitted by Users that are pr?tected by trademark, c?pyright, right ?f publicity ?r ?ther pr?prietary right, with?ut the express permissi?n ?f the ?wner ?f th?se rights;
- partially ?r fully nude images ?f any?ne, at any age, ?f any gender, including sexually suggestive images ?r w?rds;
- pr?fanity ?r ?ffensive c?mments including but n?t limited t? expressi?ns ?f racism, big?try ?r hatred, ?r that are abusive, slander?us ?r ?ffensive;
- any illegal material such as expressi?ns ?f abuse, ?ffensive language and imagery, ?bscenity ?r p?rn?graphy, including, but n?t limited t?, child abuse, child p?rn?graphy, depicti?ns ?f min?rs engaged in sexual c?nduct ?r explicitly sexual situati?ns, ?r any ?ther material that c?uld give rise t? any civil ?r criminal liability under, ?r ?therwise vi?late, any applicable law.
LINKING TO OUR SITE
Y?u are granted a limited, n?n-exclusive right t? create a hyperlink t? this Site pr?vided such link d?es n?t p?rtray us ?r any ?f its services in a false, misleading, der?gat?ry ?r ?therwise defamat?ry manner. This limited right may be rev?ked at any time. Y?u may n?t use, frame ?r utilize framing techniques t? encl?se any ?f ?ur trademarks, l?g?s ?r ?ther pr?prietary inf?rmati?n, including the images f?und at the Site, the c?ntent ?f any text ?r the lay?ut/design ?f any page ?r f?rm c?ntained ?n a page with?ut ?ur express written c?nsent.
Further, y?u may n?t use any meta tags ?r any ?ther “hidden text” utilizing ?ur name, trademark ?r pr?duct name with?ut ?ur express written c?nsent. Except as n?ted ab?ve, y?u are n?t c?nveyed any right ?r license by implicati?n, est?ppel ?r ?therwise in ?r under any ?f ?ur patent, trademark, c?pyright ?r pr?prietary rights ?r any third party. We make n? claim ?r representati?n regarding, and accepts n? resp?nsibility f?r the quality, c?ntent, nature ?r reliability ?f web sites linking t? this Site.
THIRD PARTY LINKS
We may pr?vide links t? web pages and c?ntent ?f third parties (“Third Party C?ntent”) as a service t? th?se interested in this inf?rmati?n. We d? n?t m?nit?r, n?r d?es it have any c?ntr?l ?ver, any Third Party C?ntent. We d? n?t end?rse ?r ad?pt any Third Party C?ntent and can make n? guarantee as t? its accuracy ?r c?mpleteness. We make n? representati?ns ?r warranties ?f any kind regarding such Third Party C?ntent, ?r any inf?rmati?n c?ntained therein, and undertakes n? resp?nsibility t? update ?r review any Third Party C?ntent.
When leaving the Site, y?u sh?uld be aware that the TOS n? l?nger g?vern, and, theref?re, y?u sh?uld review the applicable terms and p?licies, including privacy and data gathering practices, ?f that particular site. Users use these links and Third Party C?ntent c?ntained therein at their ?wn risk.
CLAIMS OF COPYRIGHT INFRINGEMENT; DESIGNATED AGENT
If y?u believe that any material ?n the Site infringes up?n any c?pyright that y?u ?wn ?r c?ntr?l, ?r that any link ?n the Site directs users t? an?ther web site that c?ntains material that infringes up?n any c?pyright that y?u ?wn ?r c?ntr?l, y?u may file a n?tificati?n ?f such infringement with ?ur Designated Agent. Please see NOTICE AND PROCEDURE FOR NOTIFYING DESIGNATED AGENT OF CLAIMS OF COPYRIGHT INFRINGEMENT.
NOTICE AND PROCEDURE FOR NOTIFYING DESIGNATED AGENT OF CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant t? the Digital Millennium C?pyright Act (“DMCA”), 17 U.S.C. 512(c)(3), the f?ll?wing inf?rmati?n must be pr?vided t? ?ur Designated Agent,
- A physical ?r electr?nic signature ?f a pers?n auth?rized t? act ?n behalf ?f the ?wner ?f an exclusive right that is allegedly infringed.
- Identificati?n ?f the c?pyrighted w?rk claimed t? have been infringed, ?r, if multiple c?pyrighted w?rks at a single ?nline site are c?vered by a single n?tificati?n, a representative list ?f such w?rks at that site.
- Identificati?n ?f the material that is claimed t? be infringing ?r t? be the subject ?f infringing activity and that is t? be rem?ved ?r access t? which is t? be disabled, and inf?rmati?n reas?nably sufficient t? permit the service pr?vider t? l?cate the material.
- Inf?rmati?n reas?nably sufficient t? permit us t? c?ntact the c?mplaining party, such as an address, teleph?ne number, and, if available, an electr?nic mail address at which the c?mplaining party may be c?ntacted.
- A statement that the c?mplaining party has a g??d faith belief that use ?f the material in the manner c?mplained ?f is n?t auth?rized by the c?pyright ?wner, its agent, ?r the law.
- A statement that the inf?rmati?n in the n?tificati?n is accurate, and under penalty ?f perjury, that the c?mplaining party is auth?rized t? act ?n behalf ?f the ?wner ?f an exclusive right that is allegedly infringed.
- Sh?uld y?u fail t? c?mply with all ?f the af?rementi?ned requirements in y?ur n?tice, y?ur n?tice may n?t be valid.
- It is ?ur p?licy t? terminate the acc?unts and/?r membership ?f Users wh? are repeat infringers ?r wh? are repeatedly charged with infringement, in appr?priate circumstances.
In the event that y?u are a registered user ?f the Site, y?u may terminate such registrati?n by n?tifying the Site by sending e-mail t? [email protected] After receipt ?f y?ur terminati?n n?tice, we will terminate y?ur acc?unt.
We may terminate y?ur access t? the Services ?r y?ur registrati?n at any time in the event ?f a breach ?f these TOS by User ?r any?ne accessing the Services using registered User’s username. We, at ?ur s?le discreti?n, may als? terminate these TOS at any time with?ut cause, and may suspend access t? the Service with ?r with?ut n?tice, t? any User.
User agrees t? indemnify and h?ld us, ?ur parents, friends, affiliates, ?fficers and empl?yees, harmless fr?m any claim ?r demand, including reas?nable att?rneys’ fees, made by any third party due t? ?r arising ?ut ?f User’s use ?f the Site, the vi?lati?n ?f these TOS by User, ?r the infringement by User, ?r any ?ther user ?f User’s acc?unt, ?f any intellectual pr?perty ?r ?ther right ?f any pers?n ?r entity.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO ANY MATERIALS POSTED IN THIS WEB SITE OR ANY OTHER MATERIALS WHICH ARE REFERENCED BY OR LINKED TO THIS WEB SITE, AND/OR EXPRESSLY DISCLAIM 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.
- WE MAKE NO WARRANTY THAT
- THE SERVICE WILL MEET YOUR REQUIREMENTS,
- THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, MALWARE-FREE OR ERROR-FREE,
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
- THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
- ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED, ACCESSED, VIEWED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL DAMAGES, OR FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION CONTAINED IN ANY MATERIALS POSTED IN THIS WEB SITE OR IN ANY OTHER MATERIALS WHICH ARE REFERENCED BY OR LINKED TO THIS WEB SITE, UNDER ANY THEORY OF LIABILITY USED.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THE SITE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- We reserve the right t? change any and all c?ntent c?ntained ?n the Site at any time with?ut n?tice. Reference t? any pr?ducts, services, pr?cesses ?r ?ther inf?rmati?n, by trade name, trademark, manufacturer, supplier ?r ?therwise d?es n?t c?nstitute ?r imply end?rsement, sp?ns?rship ?r rec?mmendati?n there?f by us.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
- THE USE OR THE INABILITY TO USE THE SERVICE;
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
- ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
N?tices t? y?u may be made via either email ?r regular mail. The Service may als? pr?vide n?tices ?f changes t? the TOS ?r ?ther matters by displaying n?tices ?r links t? n?tices t? y?u generally ?n the Service.
The TOS c?nstitute the entire agreement between y?u and us and g?verns y?ur use ?f the Service, superseding any pri?r agreements between y?u and us. Y?u als? may be subject t? additi?nal terms and c?nditi?ns that may apply when y?u use ?ur affiliate services, third-party c?ntent ?r third-party s?ftware. The TOS and the relati?nship between y?u and us shall be g?verned by the laws ?f the State ?f New Y?rk with?ut regard t? its c?nflict ?f law pr?visi?ns. Y?u agree t? submit t? the pers?nal and exclusive jurisdicti?n ?f the c?urts l?cated within the c?unty ?f R?ckland, New Y?rk. The failure ?f us t? exercise ?r enf?rce any right ?r pr?visi?n ?f the TOS shall n?t c?nstitute a waiver ?f such right ?r pr?visi?n. If any pr?visi?n ?f the TOS is f?und by a c?urt ?f c?mpetent jurisdicti?n t? be invalid, the parties nevertheless agree that the c?urt sh?uld endeav?r t? give effect t? the parties’ intenti?ns as reflected in the pr?visi?n, and the ?ther pr?visi?ns ?f the TOS remain in full f?rce and effect. Y?u agree that regardless ?f any statute ?r law t? the c?ntrary, any claim ?r cause ?f acti?n arising ?ut ?f ?r related t? use ?f the Service ?r the TOS must be filed within ?ne (1) year after such claim ?r cause ?f acti?n ar?se ?r be f?rever barred. The secti?n titles in the TOS are f?r c?nvenience ?nly and have n? legal ?r c?ntractual effect.