Kerslappity Terms of Service

TERMS OF USE

PLEASE READ THE FOLLOWING TERMS OF USE BEFORE USING OR REGISTERING WITH KERSLAPPITY

Your Acceptance

Your use of http://kerslappity.com or other web sites (collectively, "Kerslappity Sites") owned or operated by Kerslappity LLC ("Kerslappity"), use of the services provided through the Kerslappity Sites and the viewing of the content available at Kerslappity Sites is subject to this Terms of Use Agreement and the Kerslappity Privacy Policy, which is incorporated herein by reference. Each time you use a Kerslappity Site, you agree to be bound by the following Terms of Use. If you do not agree to any of these terms, then you must immediately discontinue your use of Kerslappity.
Kerslappity Users

These Terms of Use apply to all customers, visitors, users, and others who view the Kerslappity Sites ("Users"), including Users who contribute images, video, information, and other materials or services on the Kerslappity Sites. The Kerslappity Sites may contain links to third-party websites that are not owned or controlled by Kerslappity. Kerslappity has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Kerslappity will not and cannot censor or edit the content of any third-party site. By using the Kerslappity Sites, you expressly relieve Kerslappity from any and all liability arising from your use of any third-party website. Users may be exposed to images submitted from a variety of sources. Users understand and agree that Kerslappity is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such images. Users further understand and acknowledge that they may be exposed to images that are inaccurate, offensive, indecent, or objectionable, and agree to waive, and hereby do waive, any legal or equitable rights or remedies they have or may have against Kerslappity with respect thereto, and agree to indemnify and hold Kerslappity, its parent, subsidiaries, affiliates, agents, officers, directors, and employees, harmless to the fullest extent allowed by law regarding all matters related to use of Kerslappity Sites.
Use of the Kerslappity Sites

Kerslappity hereby grants Users permission to use the Kerslappity Sites as set forth in this Terms of Use, provided that:
1. use of the Kerslappity Sites as permitted is solely for User’s personal, noncommercial use;
2. user will not copy or distribute any part of the Kerslappity Sites in any medium without Kerslappity's prior written authorization;
3. user will not alter or modify any part of the Kerslappity Sites other than as may be reasonably necessary to use the Kerslappity Sites for their intended purpose;
4. user will otherwise comply with the terms and conditions of these Terms of Use.
Use of IP Addresses

An IP address is a number that is automatically assigned to your computer whenever you are connected to the Internet. Kerslappity may collect IP addresses for the purposes of system administration, to audit the use of our Service, and to help to improve the User experience. We can and will provide the appropriate authorities with relevant IP addresses to respond to law enforcement requests, and we may also internally use IP addresses to track certain actions and to correlate those actions to the operating account. By using the Kerslappity Sites, you consent to the transfer of your IP address outside of your jurisdiction of residence to Kerslappity.
Registration

In order to access some features of the Kerslappity Sites, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. Although Kerslappity will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Kerslappity or others due to such unauthorized use. As soon as this Agreement and your registration have been accepted by Kerslappity, you will be able to activate and use your account. You are solely responsible for any consequences arising out of your failure to maintain the confidentiality of your password. You must notify Kerslappity immediately of any breach of security or unauthorized use of your account.
User Submissions
1. ubject to Kerslappity acceptance of your registration and your compliance with the Agreement, Kerslappity may permit the submission of images, sounds, videos or other communications submitted by you and other Users ("User Submissions") and the hosting, sharing, image archiving and management of User Submissions as well as associated ancillary services such as album creation and sharing and the same as may be updated from time to time. In your use of the Service, you are responsible for providing the following:
  1. all equipment, such as a computer and modem, necessary to access the Internet;
  2. connectivity to the Internet;
  3. payment of all fees associated with such access. You understand that whether or not such User Submissions are published, Kerslappity does not guarantee any confidentiality with respect to any User Submissions.
2. You are solely responsible for the content of all files you store or retrieve from, or attempt to store or retrieve from, your account and for all transmissions by you from and to your account. Your use of Kerslappity is subject to all applicable laws and regulations and the following restrictions and conditions. The Kerslappity Site may not be used:
  1. for any illegal purposes;
  2. to store, retrieve, transmit, distribute or view any file, data, information or image that contains illegal, pornographic, obscene or otherwise objectionable or offensive material of any kind or nature;
  3. to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation;
  4. to store, retrieve or transmit any material that violates the intellectual property rights of others;
  5. to transmit any viruses, worms, “Trojan horses” or any other similarly contaminating or destructive features, or to interfere with the proper working of the Kerslappity Sites or bypass the measures we may use to prevent or restrict access to the Kerslappity Sites;
  6. to attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Kerslappity Sites;
  7. to take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; or use any robot, spider, scraper or other automated access the Service for any purpose without our express written permission;
  8. to impersonate another person or otherwise misrepresent User’s affiliation with a person or entity, conduct fraud, hide or attempt to hide User’s identity;
  9. to submit, upload, post, email, transmit or otherwise make available any information or content that User does not have a right to make available under any law or under contractual or fiduciary relationships.
You also agree to (i) comply with all regulations, policies and procedures of networks through which you access and use the Service; (ii) not access or attempt to access any Service account for which you do not have proper authorization; (iii) restrict your use of the Service for personal and entertainment purposes only. Under no circumstances shall the Service be used as media for the dissemination or publication of digital content for commercial purposes. Kerslappity may permanently or temporarily terminate, suspend, or otherwise refuse to permit User’s access to the Kerslappity Sites without notice and liability, if, in Kerslappity's sole determination, User violates any of the Terms of Use.
Content of User Submissions
1. You are solely responsible for (a) obtaining sufficient rights to the content of the images you store on Kerslappity’s servers, and (b) ensuring that the images do not violate this Terms of Use Agreement. Kerslappity will not, as a matter of course, review, inspect, edit or monitor any stored images through human intervention. Kerslappity reserves the right to examine the content of your account in the event that Kerslappity has a reasonable belief that an account is being used for the storage and/or distribution of any illegal content, including copyrighted materials, and in any such cases, Kerslappity reserves the right to refuse, remove, or disable access to any images stored on Kerslappity’s servers and delete any such pictures at any time without advance notice to you.
2. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Kerslappity to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Kerslappity Sites and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Kerslappity Sites and these Terms of Use. For clarity, you shall retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Kerslappity, you hereby grant Kerslappity a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform and otherwise exploit the User Submissions in connection with the Kerslappity Sites and Kerslappity's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Kerslappity Sites (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Kerslappity Sites a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Kerslappity Sites and under these Terms of Use
3. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Kerslappity all of the license rights granted herein. Kerslappity does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Kerslappity expressly disclaims any and all liability in connection with User Submissions. Kerslappity does not permit copyright infringing activities and infringement of intellectual property rights on the Kerslappity Sites, and Kerslappity will remove all Content and User Submissions if properly notified that such Content infringes on another's intellectual property rights. Kerslappity reserves the right to remove Content and User Submissions without prior notice. Kerslappity will also terminate a User's access to the Kerslappity Sites, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had Content or a User Submission removed from the Kerslappity Sites more than twice. Kerslappity also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material. Kerslappity may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
Intellectual Property Rights

The content on the Kerslappity Sites, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Kerslappity, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Kerslappity Sites is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Kerslappity reserves all rights not expressly granted in and to the Kerslappity Sites and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions (see Section 5 below) of third parties obtained through the Kerslappity Sites for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Kerslappity Sites or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Kerslappity Sites or the Content therein.

If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing us with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
5. 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;
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

Kerslappity permits you to link to your own User Submissions hosted on the Kerslappity Sites or User Submissions of other third parties available on the Kerslappity Sites, for personal, non-commercial purposes only. You understand that the User Submissions, whether or not linked or embedded into other websites, are provided to you only on an as-available basis, and Kerslappity does not guarantee that their availability will be uninterrupted or bug free. Kerslappity reserves the right to discontinue any aspect to the Kerslappity Sites at any time, including discontinuing any linked or embedded Content either generally or in specific cases.
DISCLAIMER OF WARRANTIES

The transmission, storage, viewing and retrieval of images through the Internet is subject to a variety of conditions that may make such transmission, storage and viewing unreliable. YOUR USE OF YOUR ACCOUNT AND THE SERVICE IS AT YOUR SOLE RISK. YOUR ACCOUNT AND THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. KERSLAPPITY, ON BEHALF OF ITSELF, ITS AFFILIATES, AND ITS LICENSORS, ADVERTISERS AND SUPPLIERS, DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO YOUR ACCOUNT AND THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. KERSLAPPITY MAKES NO OTHER REPRESENTATION OR WARRANTY THAT THE ACCESS TO YOUR ACCOUNT OR THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED OR VIRUS-FREE. YOU ACKNOWLEDGE THAT ANY IMAGES YOU UPLOAD, IMMPORT OR SUBMIT IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA ON YOUR OWN STORAGE DEVICE THAT RESULTS FROM YOUR USE OF THE SERVICE.
LIMITATION OF LIABILITY

IN NO EVENT WILL KERSLAPPITY, ITS AFFILIATES, LICENSORS, ADVERTISERS OR SUPPLIERS HAVE ANY OBLIGATION OR LIABILITY TO YOU FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF REVENUE OR PROFITS OR BUSINESS INTERRUPTION, OR OTHER LOSS ARISING OUT OF YOUR USE OF OR YOUR INABILITY TO USE YOUR ACCOUNT OR THE SERVICE THEREIN. YOU SPECIFICALLY ACKNOWLEDGE THAT KERSLAPPITY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Indemnification

You will defend, indemnify, and hold Kerslappity, its parent, subsidiaries, affiliates, agents, officers, directors, and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of (a) your use of your account and the Service, (b) any images uploaded, imported or stored by you in your account and otherwise on the Kerslappity servers, and (c) any violation of this Agreement by you.
Termination

If Kerslappity has evidence that you have violated the terms of this Agreement, Kerslappity may, at its option and in addition to its other remedies, immediately suspend your account. Kerslappity will state the offenses that led to the suspension of your account by email. Kerslappity will lock your account and reserves the right to remove and destroy images stored by you on Kerslappity’s servers after any termination by notice. Any provisions of this Agreement that can be reasonably construed to survive termination will survive termination of this Agreement.
Notices

Any notice under this Agreement given by Kerslappity to you will be deemed to be properly given if sent by email to your email address as set forth in the Registration Information. It is important that you maintain a correct working email id and update it if necessary to be able to receive Kerslappity's communication. Any notice under this Agreement given by you to Kerslappity will be deemed to be properly given if received by email sent to Kerslappity’s Customer Service at __________@kerslappity.com. If you contact us to terminate your account, we may require that you provide us with additional information to confirm your identity for security reasons. On successful cancellation of account by the user, or by Kerslappity due to various reasons, your account will be locked and we reserve the right to remove and destroy images stored by you on Kerslappity’s or its subsidiary agents’ servers.
Severability

This Agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this Agreement is held to be invalid or unenforceable under applicable law to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and (b) such invalidity or unenforceability will not affect any other provision of this Agreement.
Modifications to this Agreement

The terms and conditions of this Agreement may be changed by Kerslappity from time to time. Upon any such change, Kerslappity will notify you of such change and post an updated version of this Agreement on the Kerslappity website located at http://kerslappity.com .
Miscellaneous

Your right to use the Service is personal to you or designated beneficiaries, and you will not otherwise assign any of your rights, obligations or interest in this Agreement or your account. Without limiting the foregoing, this Agreement is binding upon and inures to the benefit of the parties, which are obliged to assign their obligations under this Agreement to any successor in law. Kerslappity's failure to insist upon or enforce strict performance of any provision or right of this Agreement will not be construed as a waiver of any provision or right. This Agreement will be governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws rules. The provisions of the U.N. Convention on Contracts for the International Sale of Goods and any successor treaties will not apply. You will commence any claim or cause of action arising under or otherwise occurring by reason of this Agreement within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes any and all prior and contemporaneous understandings and agreements.

No party shall be liable for any default or delay in the performance of its obligations under this Agreement if and to the extent that such default or delay is from causes outside the reasonable control of a party. Such causes may include fire, flood, earthquake, natural disasters or acts of God, terrorist acts, riots, civil disorders, government action, or the like (collectively, “force majeure”), provided the non-performing party is without fault in causing such delay or default.

The courts of Massachusetts, USA shall have exclusive jurisdiction and venue for any and all claims arising out of or in connection with this Agreement.

Kerslappity.com

TERMS OF USE

PLEASE READ THE FOLLOWING TERMS OF USE BEFORE USING OR REGISTERING WITH KERSLAPPITY