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Terms of Use: *KOLLABORATION TERMS OF USE AGREEMENT*
PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS
AND RESPONSIBILITIES
This is the official Terms of Use Agreement ("*Agreement*") for Kollaboration.org
("*Site*," "*we*," "*us*," or "*our*"),
an Internet website offered in cooperation with the Kollaboration. This Agreement
governs only the content, features, and activities related to this Site and
does not cover websites for any other JSTV/KAC Media programming channel, the
Parent Companies or their corporate affiliates, or any other company, unless
specifically stated.
This Site is offered and made available only to users 13 years of age or older
who reside in the United States of America. *If you are not yet 13 years old,
or do not reside in the United States, please discontinue using the Site immediately,
or if for any reason, you do not agree with all of the terms and conditions
contained in this agreement, please discontinue using the Site immediately because
by using or attempting to use the Site, you certify that you are at least 13
years of age and meet any other eligibility and residency requirements of the
Site.*
These terms and conditions regarding your use of the Site constitute a legally
binding agreement between you and Kollaboration and the Parent Companies. In
this Agreement, the term "Site" includes all websites and webpages
within Kollaboration as well as any equivalent, mirror, replacement, substitute
or backup websites and webpages that are associated with the Site. By using
this Site, you understand, acknowledge and agree that you will abide by the
terms of this Agreement and any additional terms that govern certain products
and services, which will be presented in conjunction with those products and
services ("Additional Terms"). The Site may also provide rules of
participation ("Rules") for certain activities and services including,
but not without limitation, contests and sweepstakes, award programs, membership
clubs, email, and dating services. The Site's Additional Terms, *Privacy Policy*
and the Rules are hereby incorporated in this Agreement by reference. To the
extent that there is a conflict between this Agreement and Additional Terms
for the activity in which you choose to participate, the Additional Terms shall
govern. To the extent that there is a conflict between this Agreement and the
specific Rules for the activity in which you choose to participate, this Agreement
shall govern. This Agreement will remain in full force and effect as long as
you are a user of the Site and in the event of termination of any membership,
service or feature, you will
still be bound by your obligations under this Agreement, the *Privacy Policy*
any Additional Terms or Rules, including any indemnifications, warranties and
limitations of liability.
The words "*use*" or "*using*" in this Agreement, means
any time an individual (a "*user*"), directly or indirectly, with
or without the aid of a machine or device, does or attempts to access, interact
with use, display, view, print or copy from the Site, transmit, receive or exchange
data or communicate with the Site, or in any way utilizes, benefits, takes advantage
of or interacts with any function, service or
feature of the Site, for any purpose whatsoever. This Agreement does not cover
your rights or responsibilities with respect to third party content or sites
or any links that may direct your browser or your connection to third party
sites or pages. This is the entire and exclusive Agreement between you and us
regarding use of the Site and it cannot be modified, except as specifically
described below in Section 2.
*1. REGISTRATION*
We may require each user to have a unique user name/login and password combination
in order to access and use certain features or functions of the Site and may
also, from time to time, provide users with additional codes or passwords necessary
to access and use certain features or functions of the Site. Please read our
*Privacy Policy* which describes the personally identifiable information ("Personal
information") we collect, use, disclose, manage and store. As part of the
registration process for the feature or function, you will choose a user name
and password (or we may assign an initial password which we will give you the
option to change). Your user name and password are personal to you and you may
not allow any others to use your user name or password under any circumstances.
We are not liable for any harm caused or related to the theft or misappropriation
of your user name or password, disclosure of your user name or password, or
your authorization of anyone else to use your user name or password. You agree
to immediately notify us if you become aware of or believe there is or may have
been any unauthorized use of (or activity using) your user name or password
or any other need to deactivate your user name or password due to security concerns.
*2. MODIFICATIONS*
We reserve the right, at any time and from time to time, for any reason in our
sole discretion, to change the terms of this Agreement. We will post or display
notices of material changes on the Site and we may also e-mail you about these
changes. Once we post them on the Site, these changes become effective immediately
and if you use the Site after they become effective it will signify your agreement
to be bound by the changes. You should check back frequently and review the
terms and conditions of this Agreement regularly so you are aware of the most
current rights and obligations that apply to you and the terms and conditions
of your agreement with us.
*3. OWNERSHIP OF INTELLECTUAL PROPERTY*
The contents of this Site, including all Site software, design, text, images,
photographs, illustrations, audio and video material, artwork, graphic material,
databases, proprietary information and all copyrightable or otherwise legally
protectible elements of the Site, including, without limitation, the selection,
sequence and 'look and feel' and arrangement of items, and all trademarks, service
marks and trade names (individually and/or collectively, "Material"),
are the property of the Parent Companies, and their subsidiaries, affiliates,
licensors, suppliers, operational service providers, advertisers, promotional
partners, or sponsors and are legally protected, without limitation, under U.S.
Federal and State, as well as applicable foreign laws, regulations and treaties.
Unless the context clearly requires otherwise or we explicitly say so in writing,
the term "Site" includes "Material" as well. The Site is
to be used solely for your noncommercial, non-exclusive, non-assignable, non-transferable
and limited personal use and for no other purposes. You must not alter, delete
or conceal any copyright or other notices contained on the Site, including notices
on any Material you download, transmit, display, print or reproduce from the
Site. You shall not, nor will you allow any third party (whether or not for
your benefit) to reproduce, modify, create derivative works from, display, perform,
publish, distribute, disseminate, broadcast or circulate to any third party
(including, without limitation, on or via a third party website), or otherwise
use, any Material without the express prior written consent of KOLLABORATION
or its owner if KOLLABORATION is not the owner. Any unauthorized or prohibited
use of any Material may subject you to civil liability, criminal prosecution,
or both, under applicable federal, state and local laws. We require users to
respect our copyrights, trademarks, and other intellectual property rights.
We likewise respect the intellectual property of others. On notice, we will
act expeditiously to remove content on the Site that infringes the copyright
rights of others and will disable the access to the Site and its services of
anyone who uses them to repeatedly to infringe the intellectual property rights
of others.
We take protection of copyrights, both our own and others, very seriously.
We therefore employ multiple measures to prevent copyright infringement over
this Site and to promptly end any infringement that might occur. If you believe
that the Site contains elements that infringe your copyrights in your work,
please follow the procedures set forth in our *Copyright Compliance Policy*
*4. ADVERTISING*
From time to time, you may communicate with, receive communications from, be
re-directed to, interact with, or participate in or use the services or obtain
goods and services of or from, third parties (collectively, the "Advertisers")
such as our advertisers, sponsors, or promotional partners as a result of your
use of the Site. All such communication, interaction and participation is strictly
and solely between you and such Advertisers and we shall not be responsible
or liable to you in any way in connection with these activities or transactions
(including, without limitation, any representations, warranties, covenants,
contracts or other terms or conditions that may exist between you and the Advertiser
or any goods or services you may purchase or obtain from any Advertiser).
*5. RULES OF CONDUCT*
Your use of the Site is subject to all applicable local, state, national laws
and regulations and, in some cases, international treaties. You are solely responsible
for all activities, acts and omissions that occur in, from, through or under
your user name or password. You shall not use, allow, or enable others to use
the Site, or knowingly condone use of this Site by others, in any manner that
is, attempts to, or is likely to:
* be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually
explicit or sexually suggestive, racially, culturally, or ethnically offensive,
harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory,
or abusive, or which may or may appear to impersonate anyone else;
* affect us adversely or reflect negatively on us, the Site, our goodwill, name
or reputation or cause duress, distress or discomfort to us or anyone else,
or discourage any person, firm or enterprise from using all or any portion,
features or functions of the Site, or from advertising, linking or becoming
a supplier to us in connection with the Site;
* send or result in the transmission of junk e-mail, chain letters, duplicative
or unsolicited messages, or so-called "spamming" and "phishing";
* be used for commercial or business purposes, including, without limitation,
advertising, marketing or offering goods or services, whether or not for financial
or any other form of compensation or through linking with any other website
or webpages;
* transmit, distribute or upload programs or material that contain malicious
code, such as viruses, timebombs, cancelbots, worms,
trojan horses, spyware, or other potentially harmful programs or other material
or information;
* forge any TCP/IP packet header or part of the header information in any email
or newsgroup posting for any reason;
* violate any laws, regulations (including, without limitation, laws regarding
the transmission of technical data or software exported from the United States),
judicial or governmental order, any treaties or violate or infringe upon any
intellectual property rights, rights of publicity or privacy, or any other rights
of ours or of any other person, firm or enterprise; gain unauthorized access
to the Site, other users' accounts, names, passwords, personally identifiable
information or other computers, websites or pages, connected or linked to the
Site or to use the Site in any manner which violates or is inconsistent with
the terms and conditions of this Agreement;
* modify, disrupt, impair, alter or interfere with the use, features, functions,
operation or maintenance of the Site or the rights or use and enjoyment of the
Site by any other person, firm or enterprise; or
* collect, obtain, compile, gather, transmit, reproduce, delete, revise, view
or display any material or information, whether personally identifiable or not,
posted by or concerning any other person, firm or enterprise, in connection
with their or your use of the Site, unless you have obtained the express, prior
permission of such other person, firm or enterprise to do so.
*6. SHOPPING*
All e-commerce on the Site is brought to you by KOLLABORATION, an operational
service provider and affiliate under this Agreement. All goods and services
offered for sale on the Site ("Products") are guaranteed by the manufacturer,
licensor or distributor against defects in material and workmanship for 30 days
from the date of the invoice. Within that time period, just contact *Customer
Service* and we will coordinate attempting to correct, repair or replace the
defective Product or, if applicable, in obtaining a refund for you. We have
no responsibility or liability whatsoever for goods or services you may obtain
from or through other websites or webpages, even if you were directed or linked
to such a site or page through the Site, nor are we responsible for assisting
you in correcting any problem you may experience with Products if you do not
notify us within the 30 day period noted above or for any goods or services
not obtained directly on the Site. You agree that your sole and exclusive remedy
and our sole, exclusive and maximum liability arising from or relating in any
way to any Product shall be the amount you actually paid us (or our suppliers,
operational service providers, or other e-commerce partners) for it. EXCEPT
AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE EXPRESSLY DISCLAIM ANY AND ALL
LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL PRODUCTS. EXCEPT
AS SPECIFICALLY MADE IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND
WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND
ALL PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY
OR OF FITNESS FOR A PARTICULAR PURPOSE.
Products may be purchased while supplies last. If a Product is listed at an
incorrect price or with incorrect information, we reserve the right to refuse
or cancel orders placed for that Product, whether or not the order has been
confirmed and even if your account has been charged (in which event we will
issue a credit to your account in the amount of the charge).
Our creation or transmission of an order confirmation does not signify acceptance
of your order, nor constitute a binding confirmation of an offer to sell any
Product and we reserve the right to accept or decline your order for any reason
up until the time the Product is actually delivered to you. We reserve the right
at any time, without prior notice, to limit or reduce the quantity you ordered
of any Product and we will notify you if we do so. All orders placed over $500.00
(U.S.) must obtain pre-approval with an acceptable method of payment, as established
by our credit and authorization policies and practices in effect at the time
of your order. We may contact you and require additional information from you
before we grant such pre-approval. Products on the Site are offered for sale
only to end user customers or
as personal gifts to end user customers and not for resale. We do not knowingly
accept orders from dealers, exporters, wholesalers, distributors, resellers
or other similar persons or companies, and reserve the right to refuse, cancel
or seek the return of any Products that are purchased in violation of the foregoing
restrictions.
You are responsible for any taxes imposed on the sale or use of Products and
applicable taxes will be added to the amount charged for Products purchased
on the Site. If an order consists of multiple items, they may be shipped separately
depending on availability.
*KOLLABORATION VHS Tapes and DVDs.* If you have purchased copies of VHS tape
or DVD products made available through KOLLABORATION you represent, warrant
and agree that (1) you are either an educational institution or a non-profit
organization, (2) such VHS tape or DVD products and the programming contained
in such products are only for non-broadcast use and only for educational classroom
or educational event use for which a fee will not be charged and (3) you will
not, and you do not have the right to, by any means, methods or devices whatsoever,
alter, copy, distribute, or exhibit the product and the programming contained
on the product commercially or for any purpose other than for non-broadcast
educational classroom or educational event use for which a fee will not be charged,
unless written permission is granted by us for each individual request or permission.
*7. WIRELESS MARKETING SERVICES AND PROMOTIONAL OPPORTUNITIES*
The KOLLABORATION Media provides its valued website users and viewers with the
opportunity to register for special promotions, services, news, programming
and information delivered via text messaging and other wireless devices such
as mobile phones. Users are required to provide their consent to receive such
information from the KOLLABORATION Media Channel, either by registering on this
Site or via their wireless device. Such services and promotional opportunities
are provided by KOLLABORATION Media affiliates for the KOLLABORATION Media Channel.
The information requested as part of the online registration process is a user's
telephone number or a wireless email address, but only if specifically requested,
and the carrier's name. Optional information may be requested for specific promotions,
such as a user's preferences regarding goods or services, choices of music or
artists, or other similar survey information. Depending on the promotion, we
may also collect an Internet email address or other information and, depending
on the information collected, the user may also be required to confirm his or
her agreement to the Site's *Privacy Policy* and Terms of Use Agreement.
Users that register for the KOLLABORATION Media Channel's wireless marketing
services acknowledge, understand and agree that they will be charged by the
user's wireless carrier for all messages sent to the user from the KOLLABORATION
Media Channel. Standard messaging rates will apply, unless noted otherwise.
*Under no circumstances will the KOLLABORATION Media Channel, the Parent Companies
or any of their corporate affiliates be responsible for any wireless email or
text messaging charges incurred by a user or by a person that has access to
a user's wireless device, telephone number, or email address.*
A user understands, acknowledges and agrees that the KOLLABORATION Media Channel
may, at its sole discretion and without liability to any user, terminate its
offer of any specific wireless marketing service or all wireless marketing services
at any time without advance notice. The KOLLABORATION Media Channel may provide
notice of terminations or changes in services on this Site.
*8. POSTINGS*
Your comments, suggestions and information are important to us. Portions of
this Site may provide you and other users an opportunity to submit, post, display,
transmit and/or exchange information, ideas, opinions, photographs, images,
video, creative works or other information, messages, transmissions or material
to us, the Site or other users ("Post" or "Postings"). You
understand, acknowledge and agree that such Postings are the sole responsibility
of the person from which such Postings originated. This means that you, the
user, and not this Site, are entirely responsible for the consequences of all
Postings that you upload, post, email, transmit or otherwise make available
via the Site. Postings do not reflect the views of the Site, the KOLLABORATION
Media Channel, or the Parent Companies. We do not monitor, endorse, edit or
screen any Postings, although we reserve the right to do so, nor shall we be
liable for any Posting that is in violation of this Agreement. In no event shall
the Site, KOLLABORATION Media or the Parent Companies have or be construed to
have any responsibility or liability for or in connection with any Posting whatsoever
; however, if we determine, in our sole discretion and judgment, that any Posting
does or may violate any of the terms of this Agreement, we reserve the right,
at any time and without limiting any and all other rights we may have under
this Agreement, at law or in equity, to: (a) refuse to allow you to Post; (b)
remove and delete Postings; (c) revoke your right to use the Site; and/or (d)
use any technological, legal, operational or other means available to us to
enforce the provisions of this Agreement, including, without limitation, blocking
specific IP addresses or deactivating your registration on KOLLABORATION.ORG.
If a Posting originates from you or your account, you hereby agree that:
(a) you are placing the Posting in the public domain without reservation of
any rights or further control over the Posting or its use and you specifically
authorize the Site and KOLLABORATION Media to use such Posting in whole or in
part, throughout the universe, in perpetuity in or on any and all media, now
known or hereafter devised, and alone or together or as part of other information,
content and/or material of any kind or nature; (b) you represent and warrant
that (i) the Posting is original to you or fully cleared for use as contemplated
herein, (ii) the Posting does and will not, in any way, violate or breach any
of the terms of this Agreement, (iii) the Posting does not contain libelous,
tortious, or otherwise unlawful information, infringe or violate any copyright
or other right, or contain any matter the publication or sale of which will
violate any federal or state statute or regulation, (iv) the Posting is not
obscene or in any other manner unlawful, (v) the Posting shall not be injurious
to the health of the user, and (vi) we shall not be
required to pay or incur any sums to any person or entity as a result of our
use or exploitation of the Posting; (c) if your Posting incorporates the name,
logo, brand, service or trademark, voice, likeness or image of any person, firm
or enterprise, you specifically represent and warrant that you have the right
to place such Posting in the public domain and grant KOLLABORATION Media the
right to use such Posting as described above; (d) we have the right to delete,
re-format and/or change your Posting in any manner that we may determine (although
you will not be responsible for any such changes made); and (e) you will not
be entitled to any compensation because of the use or exploitation by us or
any third party of any videos and other Postings you make to us or any ideas
or concepts contained therein, and the submission of a video or other Posting,
and/or any posting or display thereof, is not any admission of novelty, priority
or originality. Even if you subsequently see or learn of a presentation, motion
picture, still photograph, film, video or any other content which appears to
incorporate any idea or concept or include anything similar or identical to
that contained in any video or other Posting that you or anyone else submits
to or through the Site, you acknowledge and agree that you shall not be entitled
to any compensation therefore.
The amount of storage space on the Site per user is limited. Some Postings
may not be processed due to space constraints or outbound message limitations.
You understand, acknowledge and agree that we assume no responsibility for deletion
of Postings or any failure to store, receive or deliver Postings in a timely
manner or any other matter relating to Postings.
Posting is for noncommercial purposes only and you may not Post in any manner
which does or is intended to promote or generate revenue for any business enterprise
or commercial activity.
If you believe that any content on the Site (including, without limitation,
Postings) violates any of the terms of this Agreement (except for any notices
covered by the Copyright Compliance Policy), please send an email to * kollaboration@gmail.com
* to send us a message about it (please refer to our *Copyright Compliance Policy*
for any notices covered by the Copyright Compliance Policy). We cannot guarantee
that we will respond to your message and we reserve the right to take or refrain
from taking any or all steps available to us once we receive any such message.
*9. CONTESTS, SWEEPSTAKES, AUCTIONS AND PROMOTIONS*
From time to time, KOLLABORATION, or the Site's operational service providers,
suppliers, and Advertisers may conduct promotions on or through the Site, including,
without limitation, auctions, contests and sweepstakes ("Promotions").
Each Promotion may have Additional Terms and/or Rules which will be posted or
otherwise made available to you and, for purposes of each Promotion, will be
deemed incorporated into and form a part of this Agreement.
*10. PODCASTING*
The Site provides podcasts ("KOLLABORATION Media Podcasts") consisting
of selected audio content from the Site that is provided over the Internet using
an XML feed and an associated audio file so that the audio file may be downloaded
and played from a user's computer or transferred to a portable listening device.
Certain software and hardware is required for users to download and play KOLLABORATION
Media Podcasts.
KOLLABORATION Media Podcasts are protected by United States Federal and State
laws, and applicable foreign laws, regulations and treaties, and all rights
in and to the KOLLABORATION Media Podcasts are reserved to KOLLABORATION Media
or the content provider. KOLLABORATION Media Podcasts are available for personal,
noncommercial use only and you may download, copy and/or transfer to a portable
listening device or a computer the KOLLABORATION Media Podcasts for your personal,
non-commercial use only. You shall not, nor will you allow any third party to
reproduce, modify, create derivative works of, display, perform, publish, distribute,
disseminate, broadcast or circulate to any third party, or otherwise use any
KOLLABORATION Media Podcasts except as expressly authorized in this Section
10. You also may link to KOLLABORATION Media Podcasts from your website, weblog
or similar application, as long as the linking does not (a) suggest that KOLLABORATION
Media promotes or endorses any third party's causes, ideas, websites, products
or services, or (b) use KOLLABORATION Media content for inappropriate or commercial
purposes, or (c) or otherwise violate this Agreement. KOLLABORATION Media reserves
the right to discontinue providing KOLLABORATION Media Podcasts and to terminate
your subscription or otherwise disable your access to or use of the KOLLABORATION
Media Podcasts, or any content contained in the JSTV/KAC Media Podcasts, at
any time for any reason.
By your access to and use of KOLLABORATION Media Podcasts, you understand,
acknowledge and agree that KOLLABORATION Media does not warrant that its podcasting
service will operate on all user equipment. Please see our "Disclaimer
and Limitations of Liability" section for further details.
*11. HYPERLINKS TO THIRD PARTY SITES*
The appearance, availability, or your use of URLs or hyperlinks referenced or
included anywhere on the Site or any other form of link or re-direction of your
connection to, with or through the Site, does not constitute an endorsement
by, nor does it incur any obligation, responsibility or liability on the part
of the Site, KOLLABORATION Media, the Parent Companies or any of their subsidiaries,
affiliates, successors and assigns, and their respective officers, directors,
employees, agents, representatives, licensors, suppliers, and operational service
providers. We do not verify, endorse, or have any responsibility for, any such
third party sites, their business practices (including the *Privacy Policy*),
or any goods or services associated with or obtained in connection with any
such site, whether the Site's, KOLLABORATION Media's, or KOLLABORATION Media's
logo or sponsorship identification is on the third party site as part of a co-branding
or promotional arrangement. If any third party site obtains or collects Personal
Information from you, in no event shall we assume or have any responsibility
or liability. Please read our *Privacy Policy*, which describes how KOLLABORATION
Media collects and uses your Personal Information and co-branding relationships.
*12. DEACTIVATION/TERMINATION OF YOUR REGISTRATION*
You may deactivate your account on the Site, at any time and for any reason,
by logging in to your account, clicking "Account Settings" at the
top of any page, and then clicking the "Delete My Account" link and
following the instructions. We may terminate your use of and registration on
the Site, at any time and for any reason, with or without cause, without prior
notice to you and without any liability or further obligation of any kind whatsoever
to you or any other party.
*13. DISCLAIMER AND LIMITATIONS OF LIABILITY*
THIS SITE, AND ALL MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN
"AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION
OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE
SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR
OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing,
we are not responsible or liable for any malicious code, delays, inaccuracies,
errors, or omissions arising out of your use of the Site. You understand, acknowledge
and agree that you are assuming the entire risk as to the quality, accuracy,
performance, timeliness, adequacy, completeness, correctness, authenticity,
security and validity of any and all features and functions of the Site, including,
without limitation, Postings and Materials associated with your use of the Site.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS
SITE, JSTV/KAC MEDIA, THE PARENT COMPANIES, OR THEIR RESPECTIVE SUCCESSORS AND
ASSIGNS, OR ANY OF THEIR SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, OPERATIONAL SERVICE
PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE,
OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE
SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL,
INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
Notwithstanding any claim that a sole or exclusive remedy which is provided
in this Agreement may or does fail of its essential purpose, you specifically
acknowledge and agree that your sole and exclusive remedy for any loss or damage
shall be to have the Parent Companies, upon written notice from you to us, attempt
to repair, correct or replace any deficient goods or services under this Agreement
and, if repair, correction or replacement is not reasonably commercially practicable
for the Parent Companies, to refund any monies actually paid by you for the
Products involved and to terminate and discontinue your use of the Site. You
further understand and acknowledge the capacity of the Site, in the aggregate
and for each user, is limited. Consequently some messages and transmissions
may not be processed in a timely fashion or at all, and some features or functions
may be restricted or delayed or become completely inoperable. As a result, you
acknowledge and agree that the Parent Companies assume no liability, responsibility
or obligation to transmit, process, store, receive or deliver transactions or
Postings or for any failure or delay associated with any Postings and you are
hereby expressly advised not to rely upon the timeliness or performance of the
Site for any transactions or Postings. Some jurisdictions do not allow for the
exclusion of certain warranties or certain limitations on damages and remedies,
accordingly some of the exclusions and limitations described in this Agreement
may not apply to you.
*14. ADS AND MALWARE*
We take great care and pride in creating this Site. We are always on the lookout
for technical glitches that effect how the Site works. When we find them on
our end, we will fix them. Unfortunately, your home computer may cause some
glitches that effect how you see our Site -- and that is beyond our control.
If you experience any unusual behavior, content or ads on the Site, it may
be the result of Malware on your computer. Malware -- short for MALicious softWARE
-- is a term used to broadly classify a form of software which is installed
in a computer system with malicious intentions, usually without the owner's
knowledge or permission. Malware includes computer viruses, key loggers, malicious
active content, rogue programs and dialers, among others. While we continuously
work closely with our partners to ensure that everything on the Site is working
properly, sometimes Malware programs on your personal computer may interfere
with your experience on our Site and on other sites that you visit.
We suggest that you take some of the following actions which may help to clean
your computer and which could prevent future installations of Malware.
* Update your computer via Windows Update (found in the Tools menu
in your Internet Explorer web browser).
* Install a SpyWare Removal Tool such as *Spybot Search and Destroy*
or *AdAware*
to clean your computer of Malware.
* Install antivirus software, such as Norton anti-virus
or *McAfee
Virus-shield* .
* Install *Microsoft Defender*
(for Windows computers).
Please note that we cannot be responsible for the effects of any third-party
software including Malware on your computer system. Please make sure to carefully
read the Help or Customer Support areas of any software download site. If you
do discover any Malware on your system, we also suggest you speak with a qualified
computer technician. If, after taking the above actions, you are still experiencing
any problems, please feel free to contact us *kollaboration@gmail.com * .
*15. INDEMNIFICATION*
You agree to indemnify, defend and hold the Site, the KOLLABORATION Media Channel,
the Parent Companies, or their subsidiaries, affiliates, successors and assigns,
or any of their respective officers, directors, employees, agents, licensors,
representatives, Advertisers, operational service providers and suppliers harmless
from and against any and all claims, actions, losses, expenses, damages and
costs (including reasonable attorneys' fees), resulting from any breach or violation
of this Agreement by you, or public posting of your Postings.
The Parent Companies reserves the right to assume, at its sole expense, the
exclusive defense and control of any such claim or action and all negotiations
for settlement or compromise, and you agree to fully cooperate with the Parent
Companies in the defense of any such claim, action, settlement or compromise
negotiations, as requested by the Parent Companies.
*16. PRIVACY*
We respect your privacy and the use and protection of your Personal Information.
Please see our *Privacy Policy* for important information and disclosures relating
to the collection and use of your Personal Information in connection with your
use of the Site.
*17. LAW THAT APPLIES TO THIS AGREEMENT; MISCELLANEOUS TERMS*
This Agreement, together with any Additional Terms, Rules, our *Privacy Policy*
and any other regulations, procedures and policies which we refer to and which
are hereby incorporated by reference, contains the entire understanding and
agreement between you and KOLLABORATION.ORG and supersedes any and all prior
or inconsistent understandings relating to the Site and your use of the Site.
This Agreement cannot be changed or terminated orally. If any provision of this
Agreement is held to be illegal, invalid or unenforceable, this will not affect
any other provisions and the Agreement will be deemed amended to the extent
necessary to make it legal, valid and enforceable. Any provision which must
survive in order to allow us to enforce its meaning shall survive the termination
of this Agreement; however, no action arising out of this Agreement or your
use of the Site, regardless of form or the basis of the claim, may be brought
by you more than one (1) year after the cause of action has arisen (or if multiple
causes, from the date the first such cause arose).
This Agreement and your use of the Site is governed by, construed and enforced
in accordance with the internal substantive laws of the State of California
(notwithstanding the State's conflict of laws provisions) applicable to contracts
made, executed and wholly performed in California, and, for the purposes of
any and all legal or equitable actions, you specifically agree and submit to
the exclusive jurisdiction and venue of the State and Federal Courts situated
in the State and County of California and agree you will not object to such
jurisdiction or venue on the grounds of lack of personal jurisdiction, forum
non conveniens or otherwise. To the extent it may be applicable, you agree to
opt out from and expressly exclude any applicability of the Uniform Computer
Information Transactions Act. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE
ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE
SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU
HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
This Terms of Use Agreement was last modified on January 21, 2009 and is effective
immediately.
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