Terms of service
Last Modified: May 13, 2016
IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (“you” or the “Authorized User”) AND Get Kelvin, Inc., a Delaware corporation (“we”, “our”, “us” or “Company”). BEFORE ACCESSING OR USING ANY PART OF THE COMPANY’S WEBSITE, any associated websites, applications or EXTENSIONS (collectively, the “Site”), YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS (these “Terms” or this “TOS”) AS THEY GOVERN YOUR ACCESS TO AND USE OF THE SITE AND ANY PROGRAMS, SERVICES, TOOLS, MATERIALS, OR INFORMATION AVAILABLE THROUGH THE SERVICE OR USED IN CONNECTION THEREWITH (collectively, the “Service”). Company IS WILLING TO LICENSE AND ALLOW THE USE OF THE SERVICE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE SERVICE AND ARE INSTRUCTED TO DISCONTINUE YOUR ACCESS TO THE SERVICE IMMEDIATELY.
- Company Content. The Site and the Services contain graphics, text, photographs, images, video, audio, software, code, website compilation, website “look and feel,” and advertisements supplied by us or our licensors (“Company Content”). Company Content is protected by intellectual property laws including copyright and other proprietary rights of the United States and foreign countries. We grant you the right to access the Company Content in the manner described in these Terms. You may not otherwise make unauthorized commercial use of, reproduce, prepare derivative works, distribute copies, perform, or publicly display Company Content, except as permitted by the doctrine of fair use or as authorized in writing by us. If you are interested in licensing Company Content, learn more by contacting us at firstname.lastname@example.org.
- Account. To access, or participate in, some or all of the Service, you must create an account that includes a user name and password (“Account”). Your are solely responsible for the information associated with your Account, whether associated with your Account by you or otherwise, and anything that happens related to your Account. You may not license, transfer, sell, or assign your Account without our written approval.
- Access. Without advance notice and at any time, we may, for violations of these Terms or for any other reason we choose: (1) suspend your access to the Site or Service; (2) suspend your Account; or (3) remove any of Your Content from the Site or Service. We reserve the right to monitor the Service, and your use of the Service means you agree to such monitoring. At the same time, we do not guarantee we will monitor the Service at all. Neither the Site nor the Service is directed at people under the age of 13, and we do not collect any personal information from such people. If you know that a user under the age of 13 is accessing the Site or the Service, please contact us here.
- General Use – Permissions and Restrictions. The Company hereby grants you permission to access and to use the Site and the Service as set forth in these Terms, provided that:
- You agree not to use the Service for any of the following commercial uses unless you obtain the Company’s prior written approval:
- the sale of access to the Site or Service;
- the sale of advertising, sponsorships, or promotions placed on or within the Site or Service or Your Content; or
- the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing content delivered via the Site or the Service, unless other material not obtained from the Company appears on the same page and is of sufficient value to be the basis for such sales.
- You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Site or the Service in a manner that sends more request messages to the Company servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, the Company grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Company reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Site or Service for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their content.
- In your use of the Site or the Service, you will comply with all applicable laws.
- Copyright, the DMCA, & Takedowns. We will respond to legitimate requests under the Digital
Millennium Copyright Act (“DMCA”), and we retain the right to remove user content on the
Site or the Service that we deem to be infringing the copyright of others. If you become aware of user
content on the Site or the Service that infringes your copyright rights, you may submit a properly
formatted DMCA request (see 17 U.S.C. § 512) to the Company. Misrepresentations of infringement can
result in liability for monetary damages. You may want to consult an attorney before taking any action
pursuant to the DMCA. Any DMCA request should be sent to:
- Copyright Agent
- Get Kelvin, Inc.
- 355 Madison Ave, New York, NY 10017
Please send our Copyright Agent the following information:
- The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
- Identification of the copyrighted work claimed to have been infringed, or a representative list of such works;
- The URL or Internet location of the materials claimed to be infringing or to be the subject of infringing activity, or information reasonably sufficient to permit us to locate the material;
- Your name, address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
- Your Right to File a Counter-notice. If we remove your user content in response to a copyright or trademark notice, we will notify you via the Service and/or email and offer to provide you with a copy of the notice. If you believe your user content was wrongly removed due to a mistake or misidentification of the material, you can file a counter-notice with us that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and where the material was located online before it was removed or access to it was disabled;
- A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under DMCA 512 subsection (c)(1)(c) or an agent of such person.
- Warranty Disclaimer.
- Limitation of Liability.
- Indemnity. To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Site or Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that Your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Site or Service.
- Ability to Accept Terms of Service. You affirm 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 these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as neither the Site nor the Service is intended for children under 13. If you are under 13 years of age, then please do not use the Service. Talk to your parents about what sites are appropriate for you.
- Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.
- Headings. The headings in these Terms are for convenience and do not control any of its provisions hereof.
- Governing Law. If you have an issue or dispute with the Company or otherwise related to the Site or Service, you agree to raise it with us and try to resolve it with us on an informal basis. You can contact regarding any such issue or dispute by emailing us at email@example.com. Any claim or dispute between you and us arising out of or relating to this user agreement, in whole or in part, shall be governed by the laws of the State of New York without respect to its conflict of laws provisions. We agree and you agree to submit to the personal jurisdiction and venue of the state and federal court located in New York County, New York.
- Severability and Enforcement. If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the extent necessary to render it enforceable without losing its intent. If no such modification is possible, that provision will be severed from the rest of these Terms. If we do not enforce any right or provision of these Terms, that is not to be deemed a waiver of our right to do so in the future.
- Relationship Among Parties. No joint venture, partnership, employment, or agency relationship exists between you and Company as result of these Terms or your utilization of the Site or Service.
- Specific Performance. You acknowledge that any breach, threatened or actual, of these Terms will cause irreparable injury to Company, such injury would not be quantifiable in monetary damages, and Company would not have an adequate remedy at law. You therefore agree that Company shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of these Terms. Accordingly, you hereby waive any requirement that Company post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Company to enforce any provision of these Terms.
- Limitation on Actions. YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to the Company through firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this Section 6.a, your DMCA notice may not be valid.
Upon receiving a counter-notice we will forward it to the complaining party and tell them we will restore your content within 10 business days. If that party does not notify us that they have filed an action to enjoin your use of that content on the Site or Service before that period passes, we will consider restoring your user content to the site.
It is the Company’s policy to close the accounts of users we identify as repeat infringers. We apply this policy at our discretion and in appropriate circumstances, such as when a user has repeatedly been charged with infringing the copyrights or other intellectual property rights of others.
YOU AGREE THAT YOUR USE OF THE SITE AND SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF COMPANY CONTENT, CONTENT AVAILABLE THROUGH THE SITE OR SERVICES, OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF ANY SUCH CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR THE SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THE SERVICES; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR SERVICES BY ANY THIRD PARTY; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR THE SERVICES. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR THE SERVICES BY ANY THIRD PARTY; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Site and the Service is controlled and offered by the Company from its facilities in the United States of America. The Company makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.