USE AND OPERATION OF THE WEBSITES
Changes to the Websites
It is important to note that we reserve the right to modify, suspend, or terminate operation of or your access to the Websites or any portion of the Websites. We may update the Websites and change the content at any time including the products we sell and the price we sell them at. Although we make reasonable efforts to update the information on the Websites, please note that any of the content on our Websites may be out of date at any given time, and we are under no obligation to update it. We may also interrupt the regular operation of the Websites, or any portion of the Websites, as necessary to perform routine or non-routine maintenance, to correct errors, or to make other changes. We also do not guarantee that the Websites, or any content, will be free from errors or omissions and we do not make any guarantees that the content on the Websites is accurate, complete or up-to-date.
If you sign-up for an account with us then this section will also apply to your use of the Websites. Your username and password are strictly personal and must not be shared with anyone else. You are responsible for maintaining the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You must not share your password or other login information with any person. Any use of your account by any person other than yourself is grounds for suspension or termination of your account. You must promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Website.
Links to Third-Party Websites. Please note that the Websites may include links to third party websites. These links are provided for your convenience only and do not signify that we endorse such third party websites or their content. We do not review such third party websites and you acknowledge and agree that: we are not responsible for such websites, including the terms on which such websites are made available and the privacy policies of such websites, and we do not control their content or availability; we make no representation, warranty or condition, either express or implied, in relation to any goods or services or information received from such websites; and if you access any such websites, you do so entirely at its own risk.
Links to Our Websites.
You are granted a limited nonexclusive, nontransferable right to create a text hyperlink to the Websites for noncommercial purpose, provided that such link does not portray us or any of our products in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you. Our Websites must not be framed on any other site. We reserve the right to withdraw linking permission without notice.
User Generated Content
Whenever you make use of or contribute to any forums, product reviews or embedded social media features (e.g. Instagram feeds) on our Websites or any other feature that allows you to upload content to our Websites or to make contact with other users of our site (which we'll call an "Interactive Service" in this document), you must comply with the content standards set out in our Acceptable Use Policy below. You promise that any such contribution does comply with those standards and you will be responsible for any loss or damage we suffer as a result of your breach of that promise. Any content you upload, submit to or post on our Websites will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you grant us a limited license to use, store, modify, exploit, make content based on and copy that content and to distribute and make it available to third parties to do the same. You must not upload any content, posts or submissions where: you do not have the right to do so or have permission from the rights holder; doing so would be illegal or infringe another person's rights (for example, if doing so would breach someone's right to privacy); and you do not have the right or permission to grant the licenses described in this section. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Websites constitutes a violation of their intellectual property rights, or of their right to privacy. Please also note the following in relation to your content, posts and/or submissions: we will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site; we have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy below; the views expressed by other users on our site do not represent our views or values; and you are solely responsible for securing and backing up your content.
Acceptable Use Policy
When using an Interactive Service or otherwise providing or uploading content, posts or submissions to our Websites (referred to as "contributions" below for ease), you must comply with the following standards: Your contributions must: be accurate (where they state facts). be genuinely held (where they state opinions). not be provided because you are sponsored, funded and/or paid by a third party or in return for any reward or incentive. comply with the laws of the country from which they are posted and the laws of the country where the Websites are hosted. Your contributions must not: contain any material which is defamatory of any person. contain any material which is obscene, offensive, hateful or inflammatory. promote or include sexually explicit material. promote violence. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. infringe any copyright, database right or trade mark of any other person. be likely to deceive any person. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence. promote any illegal activity. be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety. be likely to harass, upset, embarrass, alarm or annoy any other person. Be used to impersonate any person, or to misrepresent your identity or affiliation with any person or entity. give the impression that they emanate from us, if this is not the case. advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse. be otherwise objectionable or restrict or inhibit any other person from using or enjoying our Websites, or that may expose us or others to any harm or liability of any type. We reserve the right to take action against you if we find that you are breaching our Acceptable Use Policy.
IMPORTANT LEGAL INFORMATION
We will not be liable to you for any loss or damage caused by events beyond our reasonable control, such as a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Websites or on any website linked to our Websites. Finally, we will not be liable to you for any special, indirect or consequential losses or damages, or any loss of data, profits, revenues, business, or goodwill. Please note that, in some cases, there are some implied promises which we legally cannot exclude. To find out more about these and to seek advice about your legal rights, please note that this is available from your local consumer rights advisory service.
Our intellectual property rights
The intellectual property rights in the Websites and copyright in all material stored, displayed and accessible on the Websites is either owned by us or licensed by third parties (which we'll refer to as "Content" throughout this section for ease). All such rights in our Content are reserved by us or our licensors and protected by copyright laws and treaties around the world. You may not to use, modify, copy, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, adapt or create a derivative work of, in any manner, any Content or any other part of the Websites, without our express prior written consent. In spite of this, you may view, use, download, and print selected portions of the Websites solely for your own personal, non-commercial, informational use, provided that you do not republish the Content and that you keep intact and do not obscure or remove any copyright, trademarks, service marks, attributions, patent, and other proprietary notices.
Other terms and conditions
Dispute Resolution; Binding Arbitration; Governing Law and Venue
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section by sending an email to firstname.lastname@example.org. In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with the following paragraph.
REPEAT INFRINGER POLICY; HOW TO CONTACT US
We have a policy of limiting access to our Websites and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that your copyright (or other intellectual property rights) has been infringed on the Websites or that there is any content which you believe is illegal or infringes your or a third party's rights, you may notify our Designated Agent as follows:
Designated Agent: Corporate Counsel
Address: 515 NW 13th Ave., Portland OR 97209
Telephone Number: 971-200-4000
E-Mail Address: email@example.com.
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Website is infringing, you may be liable to us for certain costs and damages.
Copyright © 2017 KEEN, Inc. All rights reserved. KEEN and the KEEN logo are registered trademarks of KEEN, Inc.