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Terms of Service
The web pages available at www.keepstream.com and all linked pages (Site) are owned and operated by CorkShare, Inc (Keepstream). Any of the layout, interface, images, text, audio or other media or commentary owned, created, or copyrighted by Keepstream may only be used in the manner provided on this Agreement. If you are accessing this Site on behalf of yourself, you (User) represent and warrant to Keepstream that you have reached the age of majority in your jurisdiction, and that you have the right, authority and capacity to agree to and abide by this Agreement.
If you are accessing this Site on behalf of an entity (User), you represent and warrant that you have the right and ability to act on behalf of that User and to bind this User with respect to the rights and obligations set forth in this Agreement.
Services Provided
Keepstream provides the User of the Site with access to certain specialized content and services (Services), including without limitation, the creation of electronic profiles, web pages, content organization and conversion functionality, forums, video clips, photographs, graphics, images, charts, text, data, user comments, postings, messages, articles and other similar content.
Keepstream is not responsible or liable for the conduct of any users on the Site, or for materials published to the Site by any users other than Keepstream. Keepstream reserves the right without prior notice to discontinue or change the specifications of products and services offered on this site.
Use of the services is at User's own risk. Keepstream does not make, and expressly disclaims, any and all other express and/or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, noninfringement and title, and any warranties arising from a course of dealing, usage, or trade practice.
Keepstream does not warrant that the service or site will be uninterrupted, error-free, or completely secure, that this site or its servers will be free of viruses or other harmful components, or that defects will be corrected even if Keepstream is aware of them.
All services made available through the Site that were not made available as of the last-updated date, shall automatically be deemed to be part of the Services when they are first made available through the Site.
Services are provided on an "as is" basis.
Content Received
Written, visual and/or audio information (Content) will be received from/through the Site such as through a Forum (e.g., a Collection or Profile). Content includes, without limitation, images, illustrations, designs, icons, photographs, trademarks, logos, text, software, sounds and the Site as a whole. Nothing in this Agreement transfers to User any right, title or interest in any Content.
Content made available on the Site may be provided by Keepstream, by third-party visitors to the Site, and through interactions with third-party websites. Please note that Site visitors may post information or web content or make statements on the Site that are inaccurate, misleading or deceptive. Keepstream neither endorses nor is responsible for any opinion, advice, information, material or statements provided on the Site by third parties, and Keepstream is not responsible for any information or materials made available through the Site or results obtained by using any such information or materials.
Under no circumstances will Keepstream or its employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers or members, be liable for any loss or damage caused by User's reliance on such information or materials.
The opinions expressed in the Content reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of Keepstream. Keepstream has no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information that User voluntarily make public through any part of the Site or through a Forum (including on any collection or profile).
Content received from or on the Site may be protected by copyrights, trademarks, service marks, patents, trade secrets, trade dress or other intellectual property rights owned by Keepstream, by its licensors, or by the third-party websites where the content originated or was transferred or embedded from.
No other use of Content is permitted, unless express permission given by either Keepstream or the third-party website where the content originated or was transferred or embedded from.
Content Submitted
Written, visual and/or audio information (Content) will be submitted to/through the Site such as through a Forum (e.g., a Collection or Profile). Content includes, without limitation, images, illustrations, designs, icons, photographs, trademarks, logos, text, software, sounds and the Site as a whole.
User retains ownership of content submitted to the Site. But by such submission, User grants Keepstream and its designees a worldwide, non-exclusive, transferable, royalty-free, fully-paid up, perpetual, irrevocable right and license, without compensation to:
(a)use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), create derivative works of, publicly display and publicly perform such Submission, in any media now known or hereafter developed, for Keepstream's business purposes, and
(b) to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law; provided however, that in each case, with respect to the materials you submit to your Collections or Profiles, such rights shall be subject to any restrictions or limitations established by User in connection with User's creation or maintenance of such Collections or Profiles.
For each submission, User represents and warrants that it has all rights necessary for it to grant the licenses granted in this section, and that such Submission, and User's provision thereof to and through the Site, comply with all applicable laws, rules and regulations. User further irrevocably waives any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that it may have under any applicable law under any legal theory.
User makes personally identifiable or other information publicly available through the Site or through a forum so at its own risk. Keepstream reserves the right to evaluate each Submission before allowing it to be posted on the Site or any Forum.
Keepstream may, at its sole discretion:
(i) monitor Submissions;
(ii) alter, remove, or refuse to post or allow to be posted any Submission; and/or
(iii) disclose any Submissions, and the circumstances surrounding their transmission, to any third party in order to operate the Site; to protect Keepstream and its employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers and members, and the Site's users and visitors; to comply with legal obligations or governmental requests; to enforce this Agreement; or for any other reason or purpose.
While Keepstream reserves the right at our discretion to remove any Submissions from time to time, we do not assume any obligation to do so and disclaim any liability for failing to take any such action.
Use of Site
User may make only lawful use of the Site.
User may not make any use of the Site that violates other's rights, including copyright, trademark, trade secret, privacy or other rights.
User may not to upload, post, transmit, distribute or otherwise publish on or to the Site any materials that
(a) contain a software virus or other harmful component,
(b) contain advertising or commercial material, or
(c) are false, threatening, libelous, defamatory, pornographic, obscene or otherwise unlawful.
User is solely responsible for the content of any material User publishes on the Site.
User may not:
(a) use spiders, robots, avatars, intelligent agents or other automated data mining techniques to extract, copy, download, store, reproduce, distribute or post Content;
(b) interfere with the Site or any other user's use of the Site, including, without limitation, overloading, "flooding", "mailbombing" or "crashing" the Site;
(c) send unsolicited e-mail through the Site or forge or mask your identity in any e-mail or posting;
(d) decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, or
(e) insert any code or product or manipulate the Content in any way that affects any experience of the Site.
User may not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the Content, except as expressly authorized by Keepstream, User may not to engage in systematic retrieval of Content or other data from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Keepstream.
User may not to download or export of Content, software or technical data from this Site to any jurisdiction in violation of United States export laws.
User may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Keepstream and our affiliates without express written permission. User may not use any metatags or any other hidden text utilizing Keepstream's name or trademarks without the prior written permission of Keepstream.
User is granted a limited, revocable and nonexclusive right to create a hyperlink to this website so long as the link does not portray Keepstream, its affiliates or their products or services in a false, misleading, derogatory or otherwise objectionable manner.
User may not use any Keepstream logo or other proprietary graphic or trademark as part of the link without prior written permission of Keepstream.
User may not to use or display publicly marks on the site without the prior written permission of Keepstream.
Third Party Websites
The Site may contain links to third party websites that are not owned or controlled by Keepstream.
The Site may contain information and/or content provided by interactions with third party websites that are not owned or controlled by Keepstream. These interactions are in some cases initiated when the User gives the Site access to information from a third party website, or allows the Site to send information to the third party website. In other cases these interactions are initiated by the transfer or embedding of information or web content from a third party website.
Keepstream has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed in any third party websites.
Keepstream will not and cannot monitor, verify, censor or edit the content of any third party site.
Users should be aware when it leaves the Site, allows interactions between the Site and third-party websites, or takes transfer/embed actions, and User should read the agreement and conditions and privacy policy of each third party website that it visits.
User expressly relieves Keepstream from any and all liability arising from its use of any third party website.
User acknowledges and agrees that Keepstream does not endorse such sites, and is not and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.
User agrees that its use of third-party web sites and resources, including without limitation, its use of any content, information, data, advertising, products, or other materials on or available through such web sites and resources, is at its own risk and is subject to the agreement and conditions of use applicable to such sites and resources.
User expressly relieves Keepstream from any and all liability arising from allowing interactions between the Site and any third party website or taking transfer/embed actions.
User acknowledges and agrees that Keepstream does not endorse such sites or content, and is not and shall not be responsible or liable for any interactions from those sites to the Site, transfer/embed actions, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.
User agrees that its use of third-party web sites and resources, including without limitation, its use of any content, information, data, advertising, products, or other materials on or available through such web sites and resources, is at its own risk and is subject to the agreement and conditions of use applicable to such sites and resources.
Registration
User is required to register with Keepstream in order to access certain Services or areas of the Site.
Keepstream may refuse to grant a username (or email address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that it reject for any other reason in its sole discretion.
User's username and password are for personal use only, and not for use by any other person.
User is responsible for maintaining the confidentiality of its password and agrees not to transfer its password or username, or lend or otherwise transfer its use of or access to the Site, to any third party.
User is fully responsible for all interaction with the Site that occurs in connection with its password or username, including without limitation all monetary transactions.
User agrees to immediately notify Keepstream of any unauthorized use of its password or username or any other breach of security related to User's account or the Site, and to ensure that it logs off and/or exits from its account with the Site (if applicable) at the end of each session.
Keepstream is not liable for any loss or damage arising from User's failure to comply with any of the foregoing obligations.
The submission of information through the Site, including in connection with the creation or modification of a user Profile or Collection is governed by Keepstream's Privacy Policy, which is located at (http://www.keepstream.com/privacy).
User represents and warrant that any and all information it provides in connection with its use of the Site is and shall remain true, accurate, and complete, and that it will maintain and update such information regularly.
If any information User provides is false, inaccurate, obsolete or incomplete, Keepstream may terminate use of the Site and/or the Services.
User acknowledge and agree that any questions, comments, compliments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by User to Keepstream are non-confidential and shall become the sole property of Keepstream.
Keepstream shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Acceptance
User agrees that it is subject to any additional posted guidelines, rules, and conditions applicable to the Services.
Keepstream reserves the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site.
User agrees that Keepstream shall not be liable to it or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any Service, Content, feature or product offered through the Site. User's continued use of the Site after such changes will indicate its acceptance of the changes.
Jurisdiction
The Site is controlled and operated by Keepstream from the United States, and is not intended to subject Keepstream to the laws or jurisdiction of any state, country or territory other than that of the United States.
Keepstream does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction.
Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations.
Keepstream reserves the right to limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction, at any time and at its sole discretion.
Disclaimer of Warranties
The services, content, site and any software are provided on an "as is" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to user.
User agrees that it must evaluate, and that it bears all risks associated with, the use of the site, including without limitation, any reliance on the accuracy, completeness or usefulness of any materials available through the site.
Keepstream disclaims all warranties with respect to the site and any product or service (including without limitation, third-party products and services) obtained through the site, to the fullest extent permissible under applicable law, including the warranties of merchantability, fitness for a particular purpose, noninfringement, and title.
Limitations of Liability
Keepstream cannot guarantee that the Site will be or remain secure, complete or correct, or that access to the Site will be uninterrupted.
Keepstream cannot guarantee that the Site does not include inaccuracies, errors and materials that violate or conflict with this Agreement.
Keepstream cannot be responsible for third parties that may make unauthorized alterations to the Site. If User becomes aware of any unauthorized third-party alteration to the Site, User should contact Keepstream immediately with a description of the material(s) at issue and the URL or location on the Site where such material(s) appear.
In no event shall Keepstream or its suppliers, officers, directors, employees, or agents be liable to User, or to any third party claiming through User, for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, under any contract, negligence, strict liability or other theory, including without limitation, damages for loss of profits, use, data, loss of other intangibles, loss of security of information User have provided in connection with User's use of the site, or unauthorized interception of any such information by third parties, even if advised in advance of such damages or losses. In particular, and without limitation, Keepstream will not be liable for damages of any kind resulting from User's use of or inability to use the site or from any content posted on the site by Keepstream or any third party.
User's sole and exclusive remedy for dissatisfaction with the site is to stop using the site.
The sole and exclusive maximum liability of Keepstream for all damages, losses and causes of action, whether in contract, tort (including without limitation negligence) or otherwise, shall be the total amount, if any, paid by User to Keepstream to access and use the site and services.
User agree to indemnify, defend and hold harmless Keepstream from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including any attorney's fees) arising out of any unauthorized uses User may make of any material on the Site or any breach by User of this Agreement.
Keepstream may change, suspend, restrict or discontinue any aspect of the Site at any time, including any Site feature, service or Content.
Termination
This Agreement is effective until terminated.
Either party may terminate the Services at any time by notifying the other party by any means.
Keepstream may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if User breaches any of the conditions of this Agreement. Upon termination of User's account, User's right to use the Services, access the Site and any Content will immediately cease.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification and limitations of liability. User agrees that Keepstream shall not be liable to it or any third party for any termination of access to the Site or to any such information or files, and shall not be required to make such information or files available after any such termination.
Miscellaneous
This Agreement does not create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between User and Keepstream.
If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.
User may not assign, transfer or sublicense any or all of User's rights or obligations under this Agreement without our express prior written consent.
No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
This, together with all policies referred to herein, is the entire Agreement between User and Keepstream relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between User and Keepstream relating to such subject matter.
Notices to User may be made via posting to the Site, by email, or by regular mail, at Keepstream's discretion. The Site may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. Without limitation, User agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Keepstream will not be responsible for failures to fulfill any obligations due to causes beyond its control.
Entire Agreement
This Agreement represents the entire agreement between User and Keepstream.
Keepstream reserves the right, at its discretion, to modify this Agreement or Services (as defined below) at any time by posting a notice on the Site, or by sending User a notice via email or postal mail.
Member is responsible for reviewing and becoming familiar with any such modifications. Use of the Services by User following such notification constitutes User's acceptance of the Agreement as modified.