KDE.com Terms of Service
- Acceptance of Terms
- Description of Service
- Your Registration Obligations
- Member and Visitor Conduct
Welcome to KDE.com’s web site, operated by Knewton LLC (Knewton). Knewton, its affiliates and subsidiaries (collectively, “Knewton”) provide their various services to you subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS here at any time. By visiting or browsing any Sites or any content provided therein (collectively, the “Content”), or by using any services provided by Knewton or any Site (collectively, the “Services”), or by gaining any other benefit from Knewton or any Site, you agree to be bound by these TOS.
In addition, when using particular Knewton services or visiting any website owned or operated by Knewton (collectively, the “Sites”), you and Knewton shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Knewton also may offer other services from time to time, such as an online store, that are governed by different Terms of Service. These TOS do not apply to any services or Sites which provide a different Terms of Service.
Knewton currently provides and intends to provide users with access to a rich collection of on-line resources, including various communications tools, online forums, shopping services and personalized content through its Sites and Services. Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including the availability of new Knewton Sites or Services, shall be subject to these TOS. You understand and agree that the Sites and Services are provided “as-is” and that Knewton assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications, any Content (whether or not created by Knewton) or personalization settings.
In order to use any Services, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
Some Sites may now or in the future permit you to register. In consideration of permitting your registration and creation of an account on any Site, you agree to: (a) provide true, accurate, current and complete information about yourself, to the extent you are required or volunteer to provide such information, as prompted by the applicable Site’s registration forms (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Knewton has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Knewton has the right to suspend or terminate your account and refuse any and all current or future use of the Services or the Sites (or any portion thereof).
You will receive a password and account designation upon completing the applicable Site’s registration process. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your Password or account. You agree to (a) immediately notify Knewton of any unauthorized use of your Password or account or any other breach of security, (b) ensure that you exit from your account at the end of each session, and (c) remove any session-identifying information from any URLs prior to making the URLs available to any other person. Knewton cannot and will not be liable for any loss or damage arising from your failure to comply with these provisions.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Knewton, are entirely responsible for all Content that you upload, post, email or otherwise transmit to any Site or via any Service. Knewton does not control much of the Content provided by the Services or accessible on the Sites and, as such, cannot and does not ensure the accuracy, truthfulness, integrity, completeness or quality of such Content. You understand that by using any Site or Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Knewton be liable in any way for any Content, including but not limited to for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via any Service or otherwise accessed, directly or indirectly, from any Site.
As a condition to using any Services, you agree with, and upon each use of any Service warrant to, Knewton not to use any Service to:
- upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Knewton official, forum leader, guide, moderator or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail," “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- access or attempt to access unauthorized areas of any Site, compromise or attempt to compromise the security of any server or other equipment (collectively, the “Equipment”) used to host any Site or provide any Services, gain or attempt to gain unauthorized access to any Equipment, abuse any Services or Equipment, inappropriately tamper with or alter any Content, or unreasonably load or burden any Equipment;
- disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law;
- “stalk” or otherwise harass another; or
- harvest, gather, collect or store personal data about other users of any Services or any Site for any purpose, including without limitation transmitting any unsolicited advertising, unsolicited commercial e-mail (“UCE”), unsolicited bulk e-mail (“UBE”), junk mail, “SPAM” or chain letters or harvesting, gathering or collecting e-mail addresses or other personal information from any Site or Service to do any of the foregoing or to engage in any unlawful or fraudulent activity.
You acknowledge that Knewton does not pre-screen Content, but that Knewton and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via any Service. Without limiting the foregoing, Knewton and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, usefulness or decency of such Content. In this regard, you acknowledge that you may not rely on any Content created by Knewton, submitted to Knewton or otherwise made available on any Site or in connection with any Service, including without limitation information in Knewton Forums or in any other part of any Site.
Recognizing the global nature of the Internet, you agree to comply with all national and local rules regarding online conduct and acceptable Content, including without limitaiton all laws applicable to the transmission of technical data exported from the United States or the country in which you reside.
For purposes of these TOS, “publicly accessible areas of the Services” are those accessible by the general public. By way of example, a publicly accessible area of the Services would include Knewton forums, but would not include private clubs or private Knewton communication services such as email.
By posting any messages or Content, uploading any files or Content, inputting any data or engaging in any other communication or transission with any Site or in connection with any Services (collectively, the “Communicaitons”), you grant to Knewton the perpetual, worldwide, irrevocable, unrestricted, non-exclusive, paid-up, royalty-free right and license to use (including without limitation use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise use such Communications or Content and any ideas or original materials contained in such Communications or Content, in all media now known or hereafter developed, without any further compensation to you. This grant shall include the right to exploit any and all proprietary rights in such Communications or Content including without limitation any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You waive all rights to any claim against Knewton for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with such Communications or Content. You agree and understand that Knewton is under no obligation to use any material or ideas submitted by you in any Communications or Content in any manner whatsoever.
You acknowledge and agree that Knewton may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property or personal safety of Knewton, any Site visitors or Service users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You acknowledge that, except for certain Communicaitons encrypted using the industry-standard SSL, transmissions to and from any Site and use of any Services are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting any Communications to Knewton or any Site or in connection with any Service, no confidential, fiduciary, contractually implied or other relationship is created between you and Knewton, other than pursuant to any express terms and conditions in these TOS.
Knewton shall not be responsible for the payment of any monies to any party in connection with Knewton’s use of Communications or Content submitted by you to any Site or to Knewton in connection with any Service.
You agree to indemnify Knewton, its directors, managers, officers, agents, employees, co-branders, licensors, content providers and other partners (collectively, the “Indemnified Parties”), and hold the Indemnified Parties harmless, from and against any and all losses, damages, liabilities and claims and all fees, costs, expenses of any kind related thereto (including without limitation reasonable attorneys’ fees) incurred by any Indemnified Parties in connection with any claim arising out of, based upon or resulting from any Communications or Content you submit, post to or transmit to any Site or in connection with the Service, your use of any Service, your connection to any Site or Service, your violation of these TOS, your violation of any rights of another or your violation of any applicable law. Knewton reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In no event shall you settle any matter subject to indemnification hereunder without the prior written consent of Knewton.
Subject to the terms and conditions of any &ldquot;Open Source&rdquot; license governing any Content, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
The foregoing shall not apply to any Content (a) which is supplied by third parties, which Content shall remain subject to the license applied by the Content creator or owner, or (b) which Knewton provides under specific provisions other than the foregoing.
You acknowledge that Knewton may establish general practices and limits concerning use of any Site or Service, including the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the applicable Service, the maximum number of email messages that may be sent from or received by an account on any applicable Service, the maximum size of any email message that may be sent from or received by an account on any applicable Service, the maximum disk space that will be allotted on Knewton’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Knewton has no responsibility or liability for the deletion or failure to store any messages and other Communications or other Content maintained or transmitted by any Site or in connection with any Service. You acknowledge that Knewton reserves the right to log off accounts that are inactive for an extended period of time and to terminate accounts which have not been accessed for an extended period of time. You further acknowledge that Knewton reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Knewton reserves the right at any time and from time to time to add, modify or discontinue, temporarily or permanently, any Site or Service (or any part thereof), with or without notice. You agree that Knewton shall not be liable to you or to any third party for any modification, suspension or discontinuance of any Site or any Service, or to the use of any Content in connection with a new, different, or modified Site or Service.
You agree that Knewton, in its sole discretion, may terminate any Knewton account (or any part thereof) or use of any Site or Service, and remove and discard any Content within any Site, for any reason, including without limitation for lack of use or if Knewton believes that you have violated or acted inconsistently with the letter or spirit of these TOS. Knewton may also in its sole discretion and at any time discontinue providing any Site or any Service, or any part thereof, with or without notice. You agree that any termination of your access to any Site or Service under any provision of these TOS may be effected without prior notice, and acknowledge and agree that Knewton may immediately deactivate or delete your account or accounts and all related information and Content in such account and/or bar any further access to such Content, such Site or such Service. Further, you agree that Knewton shall not be liable to you or any other party for any termination of your access to any Service or Site (including without limitation to any Content you have provided to such Service or Site).
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through any Site or Service, including without limitation payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Knewton shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
Any Site or Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Links to and from our Site or from any Service do not constitute an endorsement or recommendation by Knewton or any of its co-brandors, content providors, licensors, advertisors or other partners of any third party resources or their services or contents. Links do not imply that Knewton or any Site or Service sponsors are affiliated or associated with or are legally authorized to use any trademark, trade name, service name, logo or copyright symbol displayed in or accessible through the links, or that any linked sites are authorized to use any trademark, trade name, service name, logo or copyright symbol of Knewton.
Because Knewton has no control over third-party sites and resources, you acknowledge and agree that Knewton is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Knewton shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) may contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through any Site or Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Knewton or, as applicable, its partners, licensors, or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on any Site, any Service or any Software, in whole or in part.
YOU WARRANT THAT YOU UNDERSTAND, AND YOU AGREE, THAT:
- YOUR USE OF THE SITES AND SERVICES, INCLUDING WITHOUT LIMITATION ALL SERVICES, CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON, THROUGH OR IN CONNECTION WITH ANY SITE OR SERVICE, IS AT YOUR SOLE RISK. THE SITES AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF NON-INFRINGEMENT, GOOD TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
- NEITHER KNEWTON NOR ANY OF ITS PARTNERS, LICENSORS, CONTENT PROVIDERS OR ADVERTISERS MAKES ANY WARRANTY THAT (i) THE SITES AND THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SITES WILL BE AVAILABLE OR THE SERVICES OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, DECENT OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SITE OR SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH ANY SITE OR IN CONNECTION WITH ANY SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS, INVALIDITIES, INACCURACIES OR OMISSIONS IN ANY SOFTWARE, SITE, SERVICE OR CONTENT WILL BE NOTICED OR CORRECTED, OR (vi) ANY SITE, SERVICE OR CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ATTRIBUTES.
- ANY CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY SITE, SERVICE OR CONTENT IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY AND ALL DAMAGES TO YOUR OR ANY OTHER COMPUTER SYSTEM OR LOSS OF DATA OR OTHER ADVERSE CONSEQUENCES THAT RESULT FROM THE DOWNLOAD, INSPECTION OR USE OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KNEWTON OR THROUGH OR FROM ANY SITE, SERVICE OR CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED IN THESE TOS.
- KNEWTON MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, MEANINGFULNESS, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY SITE, SERVICE, CONTENT, MATERIALS, INFORMATION OR FUNCTIONS MADE ACCESSIBLE BY OR THROUGH ANY SITE, SERVICE OR CONTENT, ANY PRODUCTS OR SERVICES OF, OR HYPERTEXT LINKS TO, THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH ANY SITE OR ANY LINKED SITE. KNEWTON AND ITS PARTNERS, LICENSORS, CONTENT PROVIDES AND ADVERTISERS MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF ANY SITE, SERVICE, SOFTWARE OR CONTENT, INCLUDING WITHOUT LIMITATION, ANY ERRORS (INTENTIONAL OR OTHERWISE), INACCURACIES OR OMISSIONS CONTAINED THEREIN UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO KNEWTON’S NEGLIGENCE. IF YOU ARE DISSATISFIED WITH ANY SITE OR SERVICE, OR ANY CONTENT OR OTHER MATERIALS ON ANY SITE OR CONNECTED WITH ANY SERVICE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE, SERVICE, SOFTWARE AND/OR CONTENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL KNEWTON, ITS PARTNERS, LICENSORS, ADVERTISERS OR OTHER CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, BUSINESS, CUSTOMERS, POTENTIAL ECONOMIC ADVANTAGE OR ANY OTHER INTANGIBLE LOSSES, THAT ARE DIRECTLY OR INDIRECTLY RELATED TO:
- THE USE OF, OR THE INABILITY TO USE, ANY SITE, SERVICE, SOFTWARE OR CONTENT;
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM ANY SITE OR SERVICE;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON ANY SITE, IN CONNECTION WITH ANY SERVICE, OR IN RELATION TO ANY CONTENT; OR
- ANY OTHER MATTER RELATING TO ANY SITE, SERVICE, SOFTWARE OR CONTENT,
EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF KNEWTON, ITS PARTNERS, LICENSORS, CONTENT PROVIDORS OR ADVERTISERS TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER SOUNDING IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TOS OR YOUR USE OF ANY SITE, SERVICE, SOFTWARE OR CONTENT EXCEED, IN THE AGGREGATE, $100.00.
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.
Knewton makes no representation that Software or Content, in the Site or in relation to any Service, or their copyrights, trademarks, patents and licensing arrangements, are appropriate or available for use in locations other than the United States. Those who choose to access any Site, Service, Software or Content from locations outside of the United States, do so on their own initiative and only they are responsible for compliance with local laws, if and to the extent local laws are applicable.
Notices to you may be made via either email or regular mail. Knewton may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Sites or in connection with the Services.
Knewton, the Knewton logo and other service marks and product and service names are trademarks of Knewton Inc. (the “Knewton Marks”). Without Knewton’s prior permission, you agree not to display or use in any manner, the Knewton Marks.
Knewton respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Knewton’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Sites;
- your full name, postal address, telephone number, and email address;
- 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;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Knewton’s Copyright Agent for Notice of claims of copyright infringement on its site is Andreas Pour who can be reached as follows:
c/o Knewton LLC
14525 SW Millikan Way #28315
Beaverton, OR 97005-2343
These TOS constitute the entire agreement between you and Knewton and govern your use of the Sites, Services, Software and Content, superceding any prior agreements between you and Knewton concerning the subject matter hereof. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. These TOS and the relationship between you and Knewton shall be governed by the laws of the State of California applicable to contracts negotiated, made and to be performed entirely within the State of California. You and Knewton agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Diego, California. The failure of Knewton to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. If any provision of these TOS be found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provisions hereof, and the other provisions of these TOS shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of any Site, Service, Software or Content or these TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these TOS are for convenience only and have no legal or contractual effect.
Please report any violations of these TOS to .