IMPORTANT: THIS IS A LEGAL CONTRACT. IT IS VERY IMPORTANT THAT PARENTS (ON BEHALF OF THEMSELVES AND ON BEHALF OF THEIR CHILD(REN) USERS) AS WELL AS ANY OTHER ADULT-USER OF THE SITE (DEFINED BELOW) READ, UNDERSTAND AND AGREE TO THE FOLLOWING TERMS OF USE (“TERMS”) BEFORE REGISTERING AND/OR OTHERWISE USING THE SITE. USE OF THE SITE IS CONDITIONAL UPON ACCEPTANCE OF THESE TERMS, WHICH AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. DO NOT REGISTER OR USE THIS SITE IF YOU DO NOT AGREE.
Welcome to www.karmasworld.com, which is owned and operated by Karma’s World LLC (“Company” or “we,” “our,” or “us”). The Site provides young children with a fun and interactive online learning environment. While the Site is intended for use by children, the Site allows for significant involvement by teachers and parents and legal guardians (collectively, “Parents”). These Terms govern you and your child’s use of the Site and only apply to the Site and not to any other website or any offline activities by Company (unless specifically stated). By “Site”, we mean www.karmasworld.com and any other Internet domain name address(es) posting these Terms, and all features, applications, content and downloads operated by us and that are available through, or interact with, such location, and/or that post or link to these Terms. You agree to these Terms by accessing, registering or using the Site. Additionally, when we use the term “you” in these Terms, we mean you individually and you on behalf of any child user authorized by you to use and access the Site.
In some instances, both these Terms and a separate terms of service or sale document setting forth additional or different terms and/or conditions may apply to your use of the Site or to a service or product offered via the Site (in each instance, and collectively, “Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. You consent to the collection and use of your data in accordance with the Site’s Privacy Policy and our collection of Personal Information (defined below) from your child under the age of 13, in accordance with our Children’s Privacy Policy.
Table of Contents- 1. Site Content, Ownership, Limited License, and Rights of Others
- 2. Accounts
- 3. Content You Submit
- 4. Site and Content Use Restrictions
- 5. Linking to and from our Site
- 6. Linked-To Websites; Dealings with Third Parties
- 7. Sweepstakes, Contests, and Promotions
- 8. Wireless and Downloads
- 9. Governing Law, Jurisdiction and No Class Actions
- 10. Disclaimer of Representations and Warranties
- 11. Limitations of Liability
- 12. Waiver of Injunctive or Equitable Relief
- 13. Infringement Policy and Reporting Procedure
- 14. Indemnity
- 15. General Provisions
1. Site Content, Ownership, Limited License, and Rights of Others.
A. Content. The Site contains a variety of: (i) materials and other items relating to Company and its products and services, and (ii) may contain similar items from our licensors and other third parties. including, without limitation, all layout, information, text, data, files, images, scripts, designs, graphics, characters, button icons, instructions, illustrations, games, activities, photographs, audio clips, music, sounds, pictures, videos, animation, URLs, technology, software, interactive features, the “look and feel” of the Site, and the compilation, assembly, and arrangement of the materials of the Site and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including those of Company; and (iii) other forms of intellectual property (all of the foregoing, collectively, “Content”).
B. Ownership. The Site (including past, present, and future versions) and the Content are owned or controlled by Company. All right, title, and interest in and to the Content available via the Site is the property of Company, or for any third party content, the property of our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, patent, or other intellectual property rights and laws to the fullest extent possible. Company owns a copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Site.
C. Limited License. Subject to your strict compliance with these Terms and the Additional Terms, Company grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to (i) download (temporary storage only), display, view, use, play, and/or print one (1) copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use via a standard web browser to enable display) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, an “Internet Device”) for your personal, non-commercial use only, and (ii) to use certain Content that we may from time to time make available on the Site explicitly for you for use as part of your User-Generated Content (defined below) (“Company Licensed Elements”), but only for such purposes as may be explicitly stated at the time that the Company Licensed Elements are made available on the Site; but we , our licensors and certain other third parties, as the case may be, retain ownership of such Company Licensed Elements. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Company’s sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content and/or Company Licensed Elements, subject to certain Additional Terms.
D. Rights of Others. In using the Site, you must respect the intellectual property and other rights of Company and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. Company respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via the Site, then please see Section 13 below.
A. Accounts. In order to participate in certain activities on our Site, the Site may require an adult user to first register for an account (“Account”) using the Site’s registration form. After an adult user completes the initial registration process and is confirmed as a member of the Site, if such user is a Parent of the child(ren) that will be the primary users of an Account, then the Parent will be prompted to authorize access to the Site for their children. Further, a Parent of the child(ren) that are the primary users of the Account must always be the administrator of the Account. We may provide different account management tools that will permit a Parent to specify different level of user access to certain information in their Account, the functionality and features of which are subject to change from time-to-time. Your decision to provide this information is purely voluntarily and optional; however, if you elect not to provide it, then you may not be able participate in certain activities on the Site. When you register for an Account, you will select your own password at the time of registration and you agree that:
(i) You will not use a username (or e-mail address) that is already being used by someone else, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive. We may reject the use of any password, username, or email address for any other reason in our sole discretion.
(ii) You will provide accurate, current, and complete registration information about yourself and your Child in connection with the registration process and, as permitted, will maintain and update it continuously and promptly to keep it accurate, current, and complete.
(iii) You are solely responsible for all activities that occur under your Account, password, and username – whether or not you authorized the activity.
(iv) You are solely responsible for maintaining the confidentiality of your password and for restricting access to your Internet Device so that others may not access any password protected portion of the Site using your name, username, or password. You will immediately notify us of any unauthorized use of your Account, password, or username, or any other breach of security. You will not sell, transfer, or assign your Account or any Account rights.
We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms or any Additional Terms, then we may suspend or terminate your Account pursuant to Section 4(C) or deny you access to all or part of the Site.
A. User-Generated Content.
(i) General. Company may now or in the future offer users of the Site the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Site (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding the Company Licensed Elements included therein, “User-Generated Content”), and subject to the rights and license you grant herein, you retain whatever legally cognizable right, title, and interest that you have in your User-Generated Content.
(ii) Non-Confidentiality of Your User-Generated Content. Except as otherwise described in the Site’s posted Privacy Policy or any Additional Terms, you agree that (a) your User-Generated Content will be treated as non-confidential and non-proprietary and will not be returned, and (b) Company does not assume any obligation of any kind to you or any third party with respect to your User-Generated Content. Upon Company’s request, you will furnish us with any documentation necessary to substantiate these rights and verify your compliance with these Terms or any Additional Terms. You acknowledge that the Internet may be subject to breaches of security and that you are aware that submissions of User-Generated Content may not be secure, and you will consider this before submitting any User-Generated Content.
(iii) License to Company of Your User-Generated Content. Except as otherwise described in any Additional Terms, which will govern the submission of your User-Generated Content to the extent specified therein, you hereby grant to Company, and you agree to grant to Company, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise exploit in any manner whatsoever, all or any portion of your User-Generated Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any media, software, formula, or medium now known or hereafter developed, and with any technology or devices now known or hereafter devised, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User-Generated Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User-Generated Content for any purposes whatsoever, including developing, manufacturing, and marketing products and/or services. In order to further effect the rights and license that you grant to Company to your User-Generated Content, you also hereby grant to Company, and agree to grant to Company, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User-Generated Content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User-Generated Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 3(A)(iii).
(iv) Company’s Exclusive Right to Manage All User-Generated Content. Company may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User-Generated Content, and Company may, in its sole discretion, delete, move, re-format, remove or refuse to post or otherwise make use of User-Generated Content without notice or any liability to you or any third party; provided, however, that we reserve the right to treat User-Generated Content on the Site, or on certain portions of the Site, as content stored at the direction of users for which we will not exercise editorial control except to block or remove content that comes to Company’s attention and is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or that violate any right of any third party or are otherwise objectionable to Company. Such User-Generated Content submitted by you or others need not, however, be maintained on the Site by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User-Generated Content on the Site.
(v) Representations and Warranties Related to Your User-Generated Content. Each time you submit any User-Generated Content, you represent and warrant that you are at least the age of majority in the state in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User-Generated Content you submit; provided, however, that with respect to children who submit User-Generated Content, the Parent authorizing such child(ren) to access the Site accept full responsibility for such submissions and all consents necessary to conform with these Terms and/or any Additional Terms. As to that User-Generated Content, such responsible submitting party represents and warrants that such party: (a) is the sole author and owner of the intellectual property and other rights to the User Generated Content, or has a lawful right to submit the User-Generated Content and grant Company the rights to it that are granting by these Terms and/or any Additional Terms, all without any Company obligation to obtain consent of any third party and without creating any obligation or liability of Company; (b) the User-Generated Content is accurate; (d) the User-Generated Content does not and, as to Company’s permitted uses and exploitation set forth in these Terms and/or any Additional Terms, will not infringe any intellectual property or other right of any third party; and (e) the User-Generated Content will not violate These Terms or any Additional Terms, or cause injury or harm to any person.
(vi) Enforcement. Company has no obligation to monitor or enforce your intellectual property rights to your User-Generated Content, but you grant us the right to protect and enforce our rights to your User-Generated Content, including by bringing and controlling actions in your name and on your behalf (at Company’s cost and expense, to which you hereby consent and irrevocably appoint Company as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).
4. Site and Content Use Restrictions.
A. Site Use Restrictions. The Site is designed to foster learning and to be a positive and fun environment for children to build skills through interactions with their Parents and those individuals authorized by their Parents. Accordingly, you agree that you will not: (a) use the Site for any commercial or political purpose (including for purposes of advertising, soliciting funds, collecting product prices, and selling products); (b) use any meta tags or any other “hidden text” utilizing any Company trademarks or trade names; (c) engage in any activities through or in connection with the Site that seek to attempt to or do harm to us, the Site or any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal, or that violate any right of any third party or are otherwise objectionable to Company; (d) reverse engineer, decompile, disassemble, reverse assemble, or modify any Site source or object code or any software or other products, services, or processes accessible through any portion of the Site; (e) engage in any activity that interferes with a user’s access to the Site or the proper operation of the Site, or otherwise causes harm to the Site, Company, or other users of the Site; (f) interfere with or circumvent any security feature of the Site or any feature that restricts or enforces limitations on use of or access to the Site, the Content, or the User-Generated Content; (g) in a manner we, in our sole discretion, deem inappropriate for the venue; or (h) otherwise violate these Terms or any Additional Terms.
(i) Your Interactions With Other Users; Disputes. You are solely responsible for your interaction with other users of the Site, whether online or offline. We are not responsible or liable for the conduct or content of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities.
(ii) Alerting Us of Violations. If you discover any content that violates these Terms, then you may report it to alert@karmasworld.com. For alleged infringements of copyright, see Section 13 below.
B. Content Use Restrictions. You also agree that, in using the Content (other than your User-Generated Content that does not contain any Company Licensed Elements): (a) you will not monitor, gather, copy, or distribute such Content (except as may be a result of standard search engine or activity or use of a standard Internet browser) on the Site by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (b) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (c) you will keep intact all trademark, copyright, and other intellectual property notices contained in such Content; (d) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (e) you will not make any modifications to such Content (other than to the extent of your permitted use of the Company Licensed Elements, if applicable); (f) you will not modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any Additional Terms or with the prior written consent of an officer of Company or, in the case of Content from a licensor, the owner of the Content; or (g) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.
C. Availability of Site and Content. Company may immediately suspend or terminate the availability of the Site and Content (and any elements and features of them) for any reason, in Company’s sole discretion, and without advance notice or liability.
D. Reservation of All Rights Not Granted as to Content and Site. These Terms, and any Additional Terms, include only narrow, limited grants of rights to Content and to use and access the Site. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Company and its licensors and other third parties. Any unauthorized use of any Content or the Site for any purpose is prohibited.
5. Linking to and from our Site.
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Site, so long as: (a) the links only incorporate text, and do not use any trademark graphics that are owned or licensed to Company, (b) the links and the content on your website do not suggest any affiliation with Company or cause any other confusion, and (c) the links and the content on your website do not portray Company or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is inappropriate for children or that is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or that violate any right of any third party or are otherwise objectionable to Company. Company reserves the right to suspend or prohibit linking to the Site for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.
6. Linked-To Websites; Dealings with Third Parties.
A. Linked Sites. The Site may contain links, as part of third party content on the Site or otherwise, to or from third-party websites (“Linked Websites”), including websites operated by sponsors, licensors, licensees, and certain other third parties who may have business relationships with Company. Company may have no control over the content, operations, policies, terms, or other elements of Linked Websites, and Company does not assume any obligation to review any Linked Websites. Company does not necessarily endorse, approve, or sponsor any Linked Websites, or any third party content, advertising, information, materials, products, services, or other items. Company disclaims all liability in connection therewith. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use, and rule issued by the operator of the Linked Websites. Company disclaims all liability in connection therewith.
B. Dealings with Third Parties. Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Site (including on or via Linked Websites) are solely between you and the third party (including issues related to the content of Linked Websites, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). Company disclaims all liability in connection with therewith.
7. Sweepstakes, Contests, and Promotions.
Any sweepstakes, contests, or other promotions (collectively, “Promotions”) that may be offered via the Site may be governed by a separate set of “official rules” that, in addition to describing the Promotion, may have eligibility requirements, such as age or geographic area restrictions, terms governing the Promotion, use of the User-Generated Content that you submit in connection with the Promotion, and disclosures about how your personal information may be used. It is your responsibility to read the rules (which are also Additional Terms) in order to determine whether or not you are eligible and want to participate, register, and/or enter. By participating in any Promotion, you will become subject to those official rules, and you agree to comply with and abide by such rules and the decisions of the sponsors identified in them, which will be final and binding in all respects.
A. Wireless Features. The Site may offer certain features and services that are available to you via your wireless Internet Device. These features and services may include the ability to access the Site’s features and upload content to the Site, receive messages from the Site, and download applications to your wireless Internet Device (collectively, “Wireless Features”). Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Internet Device. You should check with your carrier to find out what plans are available and how much they cost. Contact your carrier with questions regarding these issues.
B. Terms of Wireless Features. You agree that as to the Wireless Features for which you are registered for, we may send communications to your wireless Internet Device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features. If you have registered via the Site for Wireless Features, then you agree to notify Company of any changes to your wireless number (including phone number) and update your Account on the Site to reflect the changes.
C. Software and Other Items Available for Download. Any items that we make available for download or use from the Site and/or our servers (the “Downloadable Items”) are the copyrighted work of Company, or its licensors or suppliers. Your use of the Downloadable Items may be governed by Additional Terms, which may be included with the Downloadable Items. Please carefully read any Additional Terms to determine the full extent of conditions governing the use of such Downloadable Items. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE DOWNLOADABLE ITEMS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT APPLICABLE TO SUCH DOWNLOADABLE ITEMS. Note that if you install certain applications that may be available via the Site, you consent to the download of software to your computer and accept these Terms and any Additional Terms related to such application.
9. GOVERNING LAW, JURISDICTION AND NO CLASS ACTIONS.
A. Governing Law/Jurisdiction. THESE TERMS AND THE INTERPRETATION OF THESE TERMS WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE SITE, THE USE OR ACCESS THEREOF, OR THESE TERMS MUST BE IN THE STATE OR FEDERAL COURTS LOCATED IN LOS ANGELES COUNTY, CALIFORNIA AND YOU HEREBY CONSENT AND SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE COURTS LOCATED IN LOS ANGELES COUNTY FOR ANY SUCH LEGAL PROCEEDING.
B. No Class Actions. To the fullest extent permitted by applicable law, you agree that any and all disputes, claims and causes of action you may have in connection with or related to the Site will be resolved individually, without resort to any form of class action
.C. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO ANY SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
10. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES.
YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK.
THE SITE IS PROVIDED ON AN “AS IS” “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, Company and its parents, affiliates, subsidiaries and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “Company Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:
(a) the Site (including the Content and the User-Generated Content);
(b) the functions, features, or any other elements on, or made accessible through, the Site;
(c) that the Site is educational, beneficial for child development or that your child will learn anything from using the Site;
(d) any products, services, or instructions offered or referenced at or linked through the Site;
(e) security associated with the transmission of your User-Generated Content transmitted to Company or via the Site;
(f) whether the Site or the servers that make the Site available are free from any harmful components (including viruses, trojan horses, and other technologies that could adversely impact your internet device);
(g) whether the information (including any instructions) on the Site is accurate, complete, correct, adequate, useful, timely, or reliable;
(h) whether any defects to the Site will be repaired; and
(i) whether your use of the Site is lawful in any particular jurisdiction. EXCEPTING ONLY AS MAY BE SPECIFICALLY SET FORTH IN ANY ADDITIONAL TERMS, THE COMPANY PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.
11. LIMITATIONS OF LIABILITY.
UNDER NO CIRCUMSTANCES WILL ANY COMPANY PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:
(a) the Site (including the Content and the User-Generated Content);
(b) your use of or inability to use the Site, or the performance of the Site;
(c) the failure of a child user to learn or otherwise benefit educationally from their use of the Site;
(d) any action taken in connection with an investigation by Company Parties or law enforcement authorities regarding your access to or use of the Site;
(e) any action taken in connection with copyright or other intellectual property owners or other rights owners;
(f) any errors or omissions in the Site’s technical operation; or
(g) any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.
The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if Company Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action of contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Site).
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.
EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY PARTIES’ TOTAL LIABILITY TO YOU IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE AND YOUR RIGHTS UNDER THESE TERMS EXCEED AN AGGREGATE OF $10.00 FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION.
12. Waiver of Injunctive or Equitable Relief.
If you claim that you have incurred any loss, damages, or injuries in connection with your use of the Site, then the losses, damages, and injuries will not be irreparable or sufficient to entitle you to an injunction or to other equitable relief of any kind. This means that, in connection with your potential claim, you agree that you will not seek, and that you will not be permitted to obtain, any court or other action that may interfere with or prevent the development or exploitation of any Site, Content, User-Generated Content, product, service, or other intellectual property owned, licensed, or controlled by Company (including your licensed User-Generated Content) or a licensor of Company.
13. Infringement Policy and Reporting Procedure.
A. DMCA. In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”) (text at http://www.copyright.gov), Company has a designated agent for receiving notices of copyright infringement and we follow the notice and take down procedures of the DMCA. We have a policy of terminating the Accounts (defined below) of users who (in our reasonable discretion) are repeat infringers.
B. DMCA Procedure. If you believe that your work has been posted on, or distributed via, the Site in a way that constitutes copyright infringement, please provide Company's copyright agent (see Section 13(C) below) the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. § 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright 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; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party (name, address, telephone number and e-mail address) has 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; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The DMCA provides that a person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. We may send the information in the notice from the complaining party to the person who provided the allegedly infringing material.
C. DMCA Agent. Our copyright agent may be reached by e-mail at [DMCAAgent@karmasworld.com] .
D. Additional Information/DMCA Response. It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove any infringing material and we may elect not to respond to DMCA notices that do not substantially comply with all of the foregoing requirements. We may, however, also elect to remove allegedly infringing material that comes to our attention other than via a notice that substantially complies with the DMCA notice requirements. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter. It is our policy to terminate repeat infringer’s access to the Site.
E. DMCA Counter-Notification. If access on the Site to a work you that submitted to us is disabled or the work removed as a result of a DMCA notice, and if you believe that the removal is the result of mistake or misidentification, then you may send us a DMCA counter-notification to the addresses in Section 13(C) above. Your DMCA counter-notification should contain the following information: (a) a legend or subject line that says: “DMCA Counter-Notification”; (b) a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the URL of the Site from which the material was removed or access to it disabled); (c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (d) your full name, address, telephone number, e-mail address, and the username of your account; (e) a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the United States, to the jurisdiction of the United States District Court for the Central District of California), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and (f) your electronic or physical signature. If we receive a DMCA counter-notification, then we may replace the material that we removed (or stop disabling access to it) in ten (10) days. However, we will not do this if we receive notice at the addresses above that the party who sent us the DMCA copyright infringement notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Site. You should also be aware that we may forward the counter-notification to the party who sent us the DMCA copyright infringement notice.
F. Procedure for Alleging Infringement of Other Intellectual Property. If you own intellectual property other than copyrights and believe that your intellectual property has been infringed by an improper posting or distribution of it via the Site, then send us a written notice to one of the addresses set forth above that includes all of the following: a legend or subject line that says: “Other Intellectual Property Infringement Notice”; (a) a description of the intellectual property that you claim has been infringed; (b) a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Site on which the material appears); (c) your full name, address, telephone number, and e-mail address; (d) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner of the intellectual property, its agent, or the law; (e) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the owner of the intellectual property at issue (or, if you are not the owner, then your statement must indicate that you are authorized to act on the behalf of the owner of the intellectual property that is allegedly infringed); and, (f) your electronic or physical signature. We may send the information that you provide in your notice to the person who provided the allegedly infringing material. We will act on such complaints within our sole discretion. Any user of the Site that fails to respond satisfactorily to us, in our sole discretion, with regard to any such complaint or inquiry is subject to suspension or termination as set forth in Section 4(C) above.
14. Indemnity.
You agree to defend, indemnify, and hold Company Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Company Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (i) User-Generated Content submitted by you; (ii) use of the Site by you and your activities in connection with the Site; (iii) breach or anticipatory breach of these Terms or any Additional Terms by you; (iv) violation or anticipatory violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authorities in connection with use of the Site by you or users of your Account or activities in connection with the Site by you; (v) information or material transmitted through your Internet Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; or (vii) Company Parties’ use of the information that you submit to us (including your User-Generated Content) (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by Company Parties in the defense of any Claim and Losses. Notwithstanding the foregoing, Company Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Company Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Company Party.
A. Updates to Terms. Company reserves the right to modify these Terms and any Additional Terms, at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the Site so that they are accessible via a link on the home page of the Site, and that your use of the Site after we post the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terns and any Additional Terms on a regular and frequent basis. The Updated Terms will be effective as of the time that Company posts them on the home page of the Site, or such later date as may be specified in them.
B. Company’s Consent or Approval. As to any provision in these Terms or any Additional Terms that grants Company a right of consent or approval, or permits Company to exercise a right in its “sole discretion”, Company may exercise that right in its sole and absolute discretion. No Company consent or approval may be deemed to have been granted by Company without being in writing and signed by an officer of Company.
C. Operation of Site; International Issues. Company controls and operates the Site from its headquarters in Atlanta, Georgia in the United States, and Company makes no representation that the Site is appropriate or available for use outside of the United States. If you use the Site from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. You and we disclaim any application to these Terms of the Convention on Contracts for the International Sale of Goods.
D. Export Controls. Software related to or made available by the Site may be subject to export controls of the U.S.A. No software from the Site may be downloaded, exported, or re-exported (i) into (or to a national or resident of) any country or other jurisdiction to which the U.S.A. has embargoed goods (which, as of the effective date of these Terms, includes Cuba, North Korea, Iran, and Syria), or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
E. Severability; Interpretation. If any provision of these Terms, or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter.
F. Communications. When you communicate with us electronically, such as via a Site communication tool, you consent to receive communications from us electronically. Please note that we are not obligated to respond to all inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
G. Investigations; Cooperation with Law Enforcement; Termination; Survival. Company reserves the right, without any limitation, to: (i) investigate any suspected breaches of its Site security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms and any Additional Terms, (iii) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (iv) prosecute violators of these Terms and any Additional Terms, and (v) discontinue the Site, in whole or in part, or suspend or terminate your access to it, in whole or in part, including any Accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to Company under these Terms or any Additional Terms. Upon suspension or termination of your access to the Site, or upon notice from Company, all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Site. The provisions of these Terms and any Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Company in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, and no class action.
H. Assignment. Company may assign its rights and obligations under these Terms and any Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Company.
I. No Waiver. Except as expressly set forth in these Terms or any Additional Terms, (i) no failure or delay by you or Company in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.