Terms Of Service
Acceptance of Terms
Welcome to Kinesis Software. By using Kinesis Software's Internet website, you indicate your unconditional acceptance of the following Terms of Service. Please read them carefully, as they may have changed since your last visit. These Terms of Service apply to all Kinesis Software online services and features unless otherwise indicated.
Scope of Service
Kinesis Software Ltd ("Kinesis Software" or "we") maintains this website as a service to the user community that visits the site subject to these Terms of Service. The term "website" includes all services and features available on kinesissoftware.com, kinesis-software.com, kineticfusion.org, and kineticfusion.net, including our online discussion forums and chat rooms. Visitors to this website ("you") are responsible for obtaining any equipment and Internet service necessary to access our website and for any paying any fees for the equipment and service you select. We may alter, suspend, or discontinue this website in whole or in part, at any time and for any reason, without notice. The website may also periodically become unavailable due to maintenance or malfunction of computer equipment or other reasons.
Visitors have a personal, non-transferable, non-exclusive right to access and use the Content of this website subject to these terms and conditions. The term "Content" means all information, text, images, data, links, software, or other material accessible through the website, whether created by us or provided by another person for display on the website.
The Content may contain typographical errors, other inadvertent errors, or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.
You may view, copy, download, and print Content that is available on this website, subject to the following conditions:
a. The Content may be used solely for internal informational purposes. No part of this website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, for any other purpose.
b. The Content may not be modified.
c. Copyright, trademark, and other proprietary notices may not be removed.
By using this website, you agree to indemnify, hold harmless, and defend Kinesis Software from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with your use of this website.
Content Submitted by Users
b. Liability. We are not responsible or liable for the conduct of website visitors or for views, opinions, and statements expressed in Content submitted for public display through our website, such as through an online discussion forum or chat room. We do not prescreen information posted to online discussion forums or chat rooms. With respect to such forums and chat rooms, we act as a passive conduit for such distribution and are not responsible for Content. Any opinions, advice, statements, services, offers, or other information in Content expressed or made available by users of an online discussion forum or chat room are those of the respective author(s) or distributor(s) and not of Kinesis Software. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content. You are responsible for ensuring that Content submitted to this website is not provided in violation of any copyright, trade secret, or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting, or submission of Content to this website.
c. Monitoring. We have the right, but not the obligation,
to monitor Content submitted to our website through an online
discussion forum or chat room, to determine compliance with
these Terms of Service and any other applicable rules that
we may establish. We have the right in our sole discretion
to edit or remove any material submitted to or posted in any
online discussion forum or chat room provided through this
website. Without limiting the foregoing, we have the right
to remove any material that Kinesis Software, in its sole
discretion, finds to be in violation of these Terms of Service
or otherwise objectionable, and you are solely responsible
for the Content that you post to this website.
By accessing our website or any chat room, online discussion
forum, or other service provided through our website, you
agree to abide by the following standards of conduct. You
agree that you will not, and will not authorize or facilitate
any attempt by another person to, use our website or any related
chat room or online discussion forum to:
a. Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Kinesis Software.
b. Use a name or language that Kinesis Software, in its sole discretion, deems offensive.
c. Post defamatory statements.
d. Post hateful or racially or ethnically objectionable Content.
e. Post Content that infringes another's copyright, trademark, or trade secret.
f. Post unsolicited advertising or unlawfully promote products or services.
g. Harass, threaten, or intentionally embarrass or cause distress to another person or entity.
h. Impersonate another person.
i. Promote, solicit, or participate in any multilevel marketing or pyramid schemes.
j. Exploit children under 18 years of age.
k. Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum.
l. Introduce viruses, worms, Trojan horses, and/or harmful code to the website.
m. Obtain unauthorized access to any computer system through the website.
n. Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent's consent in the case of a child under 13 years of age).
o. Solicit personal information from children under 13 years of age.
p. Violate any federal, state, local, or international law or regulation.
q. Encourage conduct that would constitute a criminal or civil offense.
This website is intended to serve a general audience and does not provide specific features or services targeted at children under age 13. We do not knowingly solicit personal information regarding children under age 13.
Intellectual Property Rights
Unless otherwise noted, all Content contained on this website is the property of Kinesis Software and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.
We do not claim ownership of Content submitted by users without compensation by Kinesis Software and with the expectation that such Content will be made publicly accessible through our website. By submitting such Content, however, you agree to grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, and publicly perform or display such Content. This license shall remain in effect until we delete the Content from our systems.
Copyright Infringement; Notice and Take Down Procedures
If you believe that any materials on this website infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (a) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (b) identification of the material that you believe to be infringing and its location, including a description of the material, its website location, or other pertinent information that will help us to locate the material; (c) your name, address, telephone number, and email address; (d) a statement that you have a good faith belief that the complained-of use of the materials is not authorized by the copyright owner, its agent, or the law; (e) a statement that the information in your claim is accurate; and (f) a statement that "under penalty of perjury," you declare that you are the lawful copyright owner or are authorized to act on the owner's behalf. For copyright issues relating to this website please contact us using company details available on our website.
In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of visitors to this website who are repeat infringers.
When you register to participate in an online discussion forum, chat room, promotion, or other service offered on this website, you may be required to establish a login identifier and a password. You are responsible for protecting your login and password from unauthorized use, and you are responsible for all activity that occurs on your account. You agree to notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your login and password.
Disclaimer of Warranty
Under no circumstances will we be liable for any loss or damage caused by your reliance on information in any Content on this website. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through this website. You are responsible for seeking the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other Content.
ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, KINESIS SOFTWARE DOES NOT WARRANT THAT: (A) THE INFORMATION AVAILABLE ON THIS WEBSITE IS FREE OF ERRORS; (B) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (C) DEFECTS WILL BE CORRECTED; OR (D) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT SHALL KINESIS SOFTWARE BE LIABLE TO ANY VISITOR TO THIS WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO, OR MISUSE OF THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Links to Third-Party Websites
This website may contain links to non-Kinesis Software websites that are provided to you as a convenience. Any outside website accessed from our website is independent from Kinesis Software, and we have no control over the content of such websites. We are not responsible for the content of any linked website or for any loss or damage incurred in connection with your use of such links or dealings with the operators of such non-Kinesis Software websites.
No Implied Endorsements
In no event shall any reference to any third party or third-party product or service be construed as an approval or endorsement by Kinesis Software of that third party or of any product or service provided by a third party. Likewise, a link to any non-Kinesis Software website does not imply that we endorse or accept any responsibility for the content or use of such a website. Kinesis Software does not endorse, warrant, or guarantee any product or service offered by any third party through an online discussion forum or chat room accessible through this website and will not be a party to or in any way monitor any transaction involving any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.
We make no representation that information on this website is appropriate or available for use outside the EU. Those who choose to access this website from outside the EU do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.
We may terminate any visitor's access to our website, including access to any online discussion forum or chat room, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate visitors who violate these terms and conditions, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our website.
These Terms of Service shall be governed and interpreted pursuant to the laws of the Republic of Ireland, notwithstanding any principles of conflicts of law.
If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
These Terms of Service constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.
For Additional Information
If you have any questions about these Terms of Service, please contact us using company details available on our website.
Last Modified on August 10, 2011