Last Updated: March 29, 2016.
Registration on the Site is available to anyone who (1) can form legally binding contracts under applicable laws, (2) is not barred from using the Site under applicable laws, and (3) truthfully and accurately provides all required information, and who obtains a unique username and password. Each time you log in to the Site you will be confirmed as an authorized user. You are solely responsible for protecting the security and confidentiality of your username and password. You are solely responsible for any and all access to, and activities performed on our Site including but not limited to, all transmissions with your username and password, or any other breach or threatened breach of the sites security of which you become aware. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user's account without that user's permission. You may not use false or misleading contact information, pretend to be someone other than yourself, or otherwise mislead Knotch or our service providers.
We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to the Site for any reason.
All text, graphics, user interfaces, interface design and layout, visual interfaces, designs, photographs, trademarks, logos, written content, images, illustrations, sound or video clips, software code, widgets and animation found on the Site (collectively, “Content”), including but not limited to the structure, selection, coordination, expression and arrangement of such Content, is owned, controlled or licensed by or to Knotch, and except as expressly provided in these Terms, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the express prior written consent of Knotch. Knotch may change the Content and features of the Site at any time.
Subject to these Terms, Knotch hereby grants you a revocable, non-transferable, non-exclusive, personal and limited license to use and view the Site and its Contents only if, as a condition precedent, you agree that you will not:
We hereby disclaim any and all warranties and representations with regard to the Site, and Content, including but not limited to, the warranties of title, merchantability, non-infringement of third parties’ rights, and fitness for particular purpose, and any warranties arising from a course of dealing or usage of trade. The Site and Contents are provided “as is” and without any warranties of any kind. You agree that you use the Site and Content entirely at your own risk. Knotch is not liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to or use of the Site or Content. If you are dissatisfied with the Site or the Content, your sole remedy is to discontinue using the Site. Without limiting the foregoing, we make no warranties of the following:
In no event shall Knotch, its affiliates, officers, directors, employees and agents, or any third-party involved in the creation and maintenance of the Site and its Content, be liable for any damages (including without limitation, direct, incidental, special, consequential, indirect, or punitive damages, or damages resulting from lost profits, lost data or business interruption) arising out of your access to, use, or inability to access or use the site, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages, including damages to, or viruses that may infect, your computer equipment on account of your access to or use of the Site. Some jurisdictions do not allow exclusion of implied warranties or limitation of liability for direct, incidental or consequential damages, so the above limitations may not apply to you. In such jurisdictions, our liability shall be limited to the lesser of one hundred dollars or the lowest amount permitted by applicable law.
As noted above, we reserve the right to terminate your access, or suspend any user’s access to all or part of the Site without notice or recourse, for any conduct that Knotch believes is in violation of any applicable law or of these Terms, or that Knotch believes to be harmful to the interests of another user, a service provider, Knotch or its affiliates.
You will indemnify, defend and hold Knotch, its affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach by you of this Agreement, including any use of the Services other than as expressly authorized in this Agreement. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify, defend and hold the Indemnified Parties harmless for any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees in connection therewith. You will also indemnify, defend and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from the Services. This paragraph shall survive the termination of this Agreement.
By visiting/using the Site, you agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Knotch. You consent to and agree that you are subject to the jurisdiction of the state and federal courts of the State of Delaware with respect to any actions for enforcement of or breach of these Terms brought by Knotch against you.
If you have any questions or comments about this these Terms, please contact us at firstname.lastname@example.org.