OWNERSHIP OF INTELLECTUAL PROPERTY
Other than third party materials that KFI uses with permission or in accordance with applicable law, KFI owns all Site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic content, or other copyrightable elements, and the selection and arrangements thereof, trademarks, service marks and trade names (collectively, the "Content"). The Content is protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. KFI grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use only, one copy of any Content and/or software that you may download from this Site, including, without limitation, any files, codes, audio or images incorporated in or generated by the software, provided that you maintain all copyright and other notices contained in such Content. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Content to any third party (including, without limitation, the display and distribution of the Content via your own or a third party website) without KFI’s express prior written consent. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify any software included in the Content. Any unauthorized or prohibited use may subject you to civil liability and criminal prosecution under applicable federal and state laws. KFI neither warrants nor represents that your use of the Content will not infringe rights of third parties.
DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE AND ALL CONTENT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. While KFI uses reasonable efforts to include accurate and up to date information in the Site, KFI is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and Content contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any Content rests with you. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KFI, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENTS CONTAINED ON THIS SITE WHETHER THE CONTENT IS PROVIDED OR OTHERWISE SUPPLIED BY KFI OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall KFI’s liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the greater of One United States Dollar or the amount, if any, that you paid to KFI in order to access this Site. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
COPYRIGHT COMPLIANCE POLICY
To ensure compliance with the Digital Millennium Copyright Act (“DMCA”) KFI will take action on receipt of notice of alleged copyright infringement. If you are a copyright owner or representative of the owner and believe that a user has submitted or uploaded material that infringes upon your United States copyrights, you may submit notification in accordance to the DMCA by providing KFI with the following information in writing: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on this Site (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an Email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under the penalty of perjury, that the above information in your notification is accurate and that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner's behalf; and (f) your physical or electronic signature. Please send all written correspondence of alleged infringements to: Knowledge Factor, Inc., 4775 Walnut Street, Suite 210, Boulder, Colorado 80301, Attn: Jeff Williams, copyright Agent. You may also contact KFI’s copyright agent by fax (720-214-4893), telephone (303-931-7786) or Email at firstname.lastname@example.org.
LINKS TO THIRD PARTY SITES
KFI has not reviewed the sites linked to this Site and is not responsible for the content of any websites owned or operated by third parties. Please note that when you leave this Site, you do so at your own risk.
CHATROOM/MESSAGE BOARDS/OTHER POSTINGS
To the extent that portions of this Site provide users an opportunity to post and exchange information, ideas and opinions (the "Postings"), please be advised that Postings do not necessarily reflect the views of KFI or any of its licensors. In no event shall KFI assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on this Site. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. You hereby authorize KFI to use, and authorize others to use, your Postings in whole or in part, on a royalty-free basis, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. Without limiting the foregoing, KFI will have the right to use and change the Postings in any manner that KFI may determine. Additionally, KFI may sweep its chatrooms and/or message boards periodically in its sole discretion. KFI does not allow Postings which contain:
• private or personal information which might identify a user
• profanity or obscenities
• personal attacks on other individuals
• slanderous, defamatory, obscene, pornographic, threatening and harassing comments; and/or other information that KFI deems in its sole discretion to be inappropriate for this Site.
APPLICABLE LAW, VENUE, JURISDICTION
KFI operates and controls this Site from its offices located at 4775 Walnut Street, Suite 210, Boulder, Colorado 80301, United States of America. This Site is intended for residents of the United States and other countries permitted by applicable law. No software from this Site may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.
Last modified December 1, 2010.