1. Introduction and Acceptance
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU SHOULD NOT USE OR ACCESS THIS WEBSITE.
2. Intellectual Property
3. Website Access and Use
i. remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on our Websites or Website Content;
ii. circumvent, disable or otherwise interfere with security-related features of the Website including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of our Websites or Website Content;
iii. use an automatic device (such as a robot or spider) or manual process to copy our Websites or Website Content for any purpose without our express written permission. Notwithstanding the foregoing, we grant public search engine operators permission to use automatic devices (such as robots or spiders) to copy Website Content from our Websites for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Website Content that is available to the public. We reserve the right to revoke this permission, generally at any time;
iv. collect or harvest any personally identifiable information from our Websites including, without limitation, user names, passwords, and email addresses;
v. solicit others users to join or become members of any commercial online service or other organization without our prior written approval;
vi. attempt to or interfere with the proper working of our Websites or impair, overburden, or disable the same;
vii. decompile, reverse engineer, or disassemble any portion of our Websites;
viii. use network-monitoring software to determine architecture of or extract usage data from our Websites;
ix. encourage conduct that violates any local, state, or federal law, either civil or criminal, or impersonate another user, person, or entity;
x. violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
xi. engage in any conduct that restricts or inhibits any other user from using or enjoying our Websites.
4. User Content
a. We may now or in the future permit users to post, upload, transmit through, or otherwise make available on our Websites messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials ("User Content"). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on our Websites. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
b. You shall not submit any User Content protected by copyright, trademark, patent, trade secret, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
c. You represent, warrant, and covenant that you will not submit any User Content that:
i. violates or infringes in any way upon the rights of others, including, without limitation, any copyright, trademark, patent, trade secret, or other intellectual property or proprietary right of any person or entity;
ii. impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable;
iii. encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
iv. is an advertisement for goods or services, or a solicitation of funds; or
v. contains a formula, instruction, or advice that could cause harm or injury.
Furthermore, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying our Websites will not be permitted.
d. By submitting User Content to us, simultaneously with such posting you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), public display, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, in connection with our business. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content.
e. We have the right, but not the obligation, to monitor User Content. We have the right, in our sole discretion and for any reason whatsoever, to edit, refuse to post, or disable access to any User Content.
5. Website Content and Third Party Links
a. KER provides Websites for educational, entertainment and promotional purposes only. You may not rely on any information and opinions expressed on any of our Websites for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of the Website Content. Under no circumstances will KER be liable for any loss or damage caused by your reliance on any Website Content.
b. In some instances, Website Content will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant, and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Website by anyone other than authorized employees or spokespersons acting in their official capacity.
c. Our Websites may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
9. Copyright Policy
a. We respect the intellectual property rights of others and expect you to do the same. In appropriate circumstances, and at our sole discretion, we may remove or disable access to material on any of our Websites or hosted on our systems that may be infringing or the subject of infringing activity.
b. In accordance with the Digital Millennium Copyright Act of 1998, we will respond promptly to claims of copyright infringement that are reported to Jennifer Hall at [email protected]
c. If you are a copyright owner, or authorized to act on behalf of a copyright owner, and believe that your work's copyright has been infringed, please report your notice of infringement to us by providing a written notification that contains the following:
i. A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive right that is alleged to have been infringed.
ii. Identification of the copyright work that is alleged to have been infringed.
iii. Identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
iv. Information reasonably sufficient to permit us to contact you, such as and address, telephone number, or electronic mail address at which you may be contacted.
v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
vi. A statement that the information in the notification is accurate, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We will investigate notices of copyright infringement and take appropriate actions under the DCMA. Inquiries that do not follow this procedure may not receive a response.
10. Choice of Law, Jurisdiction and Venue
12. Disclaimers and Limitation on Liability
a. You expressly agree that use of our Websites is at your sole risk. The Websites and Website Content are provided on an "as is" and "as available" basis without warranty of any kind, express or implied. Without limiting the foregoing, and to the fullest extent permitted by law, KER and its officers, directors, employees, partners, agents, distribution partners, affiliates, and their related companies disclaim any and all warranties including: warranties that the website will meet your requirements; warranties concerning the availability, accuracy, security, usefulness, timeliness, or informational content of the Websites or Website Content; warranties of title, non-infringement, merchantability, or fitness for a particular purpose; warranties for services or goods received through or advertised on our Websites or accessed through our Websites; warranties concerning the accuracy or reliability of the results that may be obtained from the use of our Websites; warranties that your use of the website will be secure or uninterrupted; and warranties that errors in software will be corrected.