Viral Ventures LLC ('we' or 'us') owns and operates the Kwipster.com website (hereafter, the "Site", which shall also include any other websites owned by Viral Ventures LLC and operated in conjunction with Kwipster.com, services related to such operations, or any communications related to such websites or services). All references hereafter to the Site shall include Viral Ventures LLC, and, where appropriate, its employees, officers, directors, investors, agents, consultants, assignees, affiliates, partners, contractors, attorneys, accountants, advertisers, and any and all other individuals and organizations providing services on behalf of Viral Ventures LLC.
, and the provisions of both are expressly incorporated herein by reference.
Users of the Site should periodically check for changes to this Agreement. Your continued use of the Site following the posting of changes to this Agreement on the Site, or by other means by which you obtain notice thereof, means you accept those changes.
If you have any questions regarding this Agreement, please email us at email@example.com.
IF YOU ARE UNDER THE AGE OF 18, YOU MAY NOT USE THE SITE.
IF YOU DO NOT AGREE TO COMPLY WITH THIS AGREEMENT, DO NOT USE THIS SITE.
WE RESERVE THE RIGHT TO REFUSE OR REVOKE SERVICE TO YOU OR ANY USER AT ANY TIME.
WE SHALL HAVE THE RIGHT BUT NOT THE OBLIGATION TO MONITOR THE CONTENT OF THE SITE AND USE THEREOF TO DETERMINE COMPLIANCE WITH THIS AGREEMENT.
We reserve the absolute right at any time to modify, suspend, discontinue, or terminate any or all aspects of the Site with or without notice to you, and you hereby agree that we shall not be liable to you or to any third party for any such modification, suspension, discontinuation, or termination.
1. Intellectual Property. The Site and all of its content including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, video material, and audio clips (collectively, "the Intellectual Property") are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Viral Ventures LLC or the party credited as the provider or owner of the Intellectual Property. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of Viral Ventures LLC and protected by U.S. and international copyright laws. All software used on the Site is the property of Viral Ventures LLC or commercial software suppliers and is protected by U.S. and international copyright laws.
Subject to the terms and conditions hereof, you may view, copy, download, or print material appearing on the Site ("Site Materials") subject to the following conditions:
- The Site Materials may only be used for your personal, non-commercial use;
- The Site Materials may not be modified;
- All copyright, trademark, and other proprietary notices contained in all such Site Materials may not be altered or deleted and the following notice must appear on each copy of Site Materials: "Copyright © Viral Ventures LLC."
The copying, modification, revision, reproduction, republication, uploading, posting, transmission, or distribution for commercial or non-personal purposes of any Site Material or elements from the Site including, but not limited to, the design or layout of the Site, individual elements of the Site's design, or the Site's logo or other "Trademarks" as defined below, without the express written permission of Viral Ventures LLC or other owners of the Intellectual Property, is strictly prohibited. For purposes of this Agreement, the use of any Site Materials on any other website or networked computer environment is prohibited.
We respect the intellectual property of others and require that you do the same. Any content we post on the Site that is subject to third-party copyrights is posted either with the consent of such third parties or used in a limited manner in accordance with the doctrine of fair use in copyright law. If you believe that your work has been used or copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
- A 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 Site;
- Your 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 (including the doctrine of fair use); and
- 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.
Our Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:
Viral Ventures LLC
P.O. Box 29452
Los Angeles, CA 90029
2. User Submissions. In using the Site, you may submit posts, comments, messages, suggestions, materials, photos, works of art or authorship, ideas, concepts, or other content ("Submitted Materials"). You grant Viral Ventures LLC a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use such Submitted Materials for any purpose, including, but not limited to, adaptation, modification, reproduction, transmission, distribution, publication, advertising, press, publicity, broadcast, performance, and posting in any media, without any obligation to compensate you or any third party for them. You additionally agree that Viral Ventures LLC is free to use any content, ideas, concepts, techniques, or know-how contained in any Submitted Materials you send to or post on the Site for any purpose whatsoever including, but not limited to, developing, manufacturing, marketing, creating derivative works, and selling products and services based upon such information or content, without any obligation to compensate you or anyone else for them. You represent and warrant that Submitted Materials do not infringe any third-party intellectual property rights. You agree not to transmit any unlawful, threatening, harassing, libelous, defamatory, obscene, or pornographic material, any material submitted without permission under another person's name, or other material that could constitute or encourage conduct that could be considered a criminal offense or violate any law. You shall not, without the express written approval of Viral Ventures LLC, submit any materials which contain advertising or any solicitation with respect to products or services, including any online information services or publications competitive with Viral Ventures LLC. We shall have the right, in our sole discretion, to edit or remove any material portion of Submitted Materials, which in our sole discretion, we find to be in violation of the provisions of this agreement or otherwise objectionable.
DO NOT POST YOUR PERSONALLY IDENTIFIABLE CONTACT INFORMATION IN ANY PART OF THE SITE ACCESSIBLE TO OTHER USERS, INCLUDING YOUR TELEPHONE NUMBER, PHYSICAL ADDRESS, OR EMAIL ADDRESS. ANY POSTING OF SUCH PERSONAL INFORMATION IS EXPRESSLY AT YOUR OWN RISK.
You acknowledge and understand that some User accounts on the Site may be created and managed by Viral Ventures LLC to help improve the experience of the Site's Users. Such User accounts may, without limitation, post content, submit ratings, and/or help moderate any content submitted by the Site's Users, at the sole discretion of Viral Ventures LLC.
3. Trademarks. The trademarks, logos, and service marks, including but not limited to those displayed on the Site (collectively, the "Trademarks") are the trademarks of Viral Ventures LLC and other parties. All rights reserved. Nothing contained in the Site should be construed as granting by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Viral Ventures LLC or the third party that owns the Trademark. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in this Agreement, is strictly prohibited.
'Kwipster', 'kwipster.com', 'kwip', 'kwiplist', 'kwipstar', 'May the best line win', and all variants, associated graphics, and logos of the foregoing are Trademarks of Viral Ventures LLC. All rights reserved.
4. User Responsibilities. To access certain features of the Site, you are required to register and create an account. You agree that you will provide true, accurate, current and complete information about yourself as prompted by the registration process and that you will update that information as necessary to maintain its accuracy. You agree that you will abide by the Rules of the Site, to conduct yourself in a mature manner that lends itself to civil discourse, that you shall use the Site for lawful purposes only, and that you are responsible for any and all activity conducted via your account. Further, you agree not to use any facilities or resources available on or through the Site to perpetrate prohibited conduct, whether against other users, Viral Ventures LLC, or any other third party. Examples of prohibited conduct include, but are not limited to, chain letters, pornography, advertising, postings which are deemed excessive in number or deemed to be initiated to harm the business of Viral Ventures LLC, or other communication that creates a nuisance or is otherwise offensive to the recipient or the Site's users. If you engage in prohibited conduct and/or if your behavior leads to complaints from other users, is deemed in the discretion of the employees, management or staff of Viral Ventures LLC to be harassing or objectionable, or you provide any information that is untrue, inaccurate, not current or incomplete, or if Viral Ventures LLC has reason to believe such information is untrue, inaccurate, not current or incomplete, Viral Ventures LLC has the right to suspend or terminate your account and refuse you any or all current and future use of any of the Site without any further obligation to you.
As part of your use of the Site, you may be given the option to link, connect, or otherwise associate certain third-party accounts (such as any email, social network, or other social utility services you may use) with your Site account, and you acknowledge and understand that your use of such features is at your own risk and subject to the same provisions set forth in the first paragraph of this section.
6. Limits on Liability.You agree that at no time during or after the term of this Agreement shall Viral Ventures LLC be liable to you or any third party for any of the following:
- The contents of any communication, message, or other information sent by you or third parties to Viral Ventures LLC, or posted by you or any third parties on any part of the Site;
- The contents of any website or service not controlled, owned, or operated by Viral Ventures LLC that is accessed from or linked to via any part of the Site;
- Any damages or injury caused by, including, but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure;
- The results of any interpersonal interactions to which you are exposed or in which you become involved through the Site or any associated services;
- Any termination or suspension of your account as provided in this Agreement, or any consequence thereof.
The Site may include links to other Internet sites, both related and unrelated to the Site. Additionally, other sites may link to the Site with or without the permission of Viral Ventures LLC. Descriptions of or references to individuals, companies, products, services or publications not owned by Viral Ventures LLC on the Site or any linked website do not imply any endorsement of such individuals, companies, products, or publications by Viral Ventures LLC. Viral Ventures LLC shall not be liable for any damages or costs arising out of or in any way connected with your use or involvement with any of the individuals, companies, products, services, or publications accessed through the Site.
7. Termination. In addition and without prejudice to any other legal or equitable remedies available to us, we may terminate your right to use the Site at any time and for any or no reason. Subject to the "Survivability" provisions of Section 11 below, you may terminate this Agreement by closing your account with Viral Ventures LLC and by ceasing any and all use of the Site.
8. Indemnification. You agree to indemnify and hold Viral Ventures LLC, its employees, officers, directors, investors, agents, consultants, assignees, affiliates, partners, contractors, attorneys, accountants, advertisers, and any and all other individuals and organizations providing services on behalf of Viral Ventures LLC harmless from all claims, liabilities, losses, damages, and expenses (including attorneys' fees and expenses) arising out of or relating to (a) your use of any parts of the Site, Site Materials, or any related services or information posted by you on the Site; (b) your use of any Submitted Materials, products or services offered by third-parties through the Site, including without limitation any damage to any software or hardware as a result of any viruses or other electronic malware; (c) your download and/or use of any of the software available for download through any part of the Site; (d) your alleged breach of this Agreement; or (e) the suspension or termination of your account as provided in this Agreement.
9. Disclaimer of Warranties. The information, material, services, and products (including the products and services offered through the Site and provided by third parties) included on any part of the Site may include inaccuracies, typographical errors, and other problems.
ALL OF THE SITE MATERIALS, CONTENT, PRODUCTS, SERVICES, AND FEATURES ON THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VIRAL VENTURES LLC DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VIRAL VENTURES LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ITS CONTENT, INCLUDING THIRD-PARTY AND SERVICES OFFERED THROUGH THE SITE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VIRAL VENTURES LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE SITE AND ITS CONTENT, INCLUDING THIRD-PARTY PRODUCTS AND SERVICES OFFERED THROUGH THE SITE, AVAILABLE ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, OR OTHERWISE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY FAILURE OF PERFORMANCE, NEGILGENCE, OR FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT VIRAL VENTURES LLC IS NOT LIABLE FOR DEFAMATORY, OFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD-PARTY USERS OF THE SITE OR ANY CLAIM FOR VIOLATION OF PUBLICITY OR PRIVACY RIGHTS.
USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE USE OF ANY INTERACTIVE AREA, ANY SOFTWARE, ANY SOFTWARE DOWNLOADS, AND ANY THIRD-PARTY PRODUCTS AND SERVICES OFFERED THROUGH THE SITE IS AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
10. Choice of Law, Jurisdiction and Venue. This Agreement shall be governed by the laws of the State of California applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within Los Angeles, California will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. The losing party shall pay all reasonable fees and costs (including attorneys' fees) resulting from any claim or dispute arising from this Agreement.
Viral Ventures LLC makes no representation that content on any part of the Site is appropriate or available for use in other locations. Those who choose to access any part of the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Site may contain references to products or services not available in all countries. Viral Ventures LLC does not market all of its products or services in all countries. The products, services, and software on any part of the Site may be subject to U.S. export controls.
11. Miscellaneous. This Agreement constitutes the entire agreement between you and Viral Ventures LLC and its affiliates, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. Any modifications to this Agreement must be set forth in writing and acknowledged by an authorized representative of Viral Ventures LLC. Sections 1, 2, 3, 5, 6, 7, 8, 9, 10, and 11 of this Agreement shall survive any termination of your account or use of the Site. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement. To the extent that any information or content on the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. If any term of this Agreement is declared unlawful, void, or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such or any other provisions. Any cause of action by you with respect to the Site or Viral Ventures LLC must be instituted within one (1) year after the cause of action arose or be forever waived and barred. The section headings in this Agreement are for convenience only and must not be given any legal import. This Agreement may be assigned by Viral Ventures LLC at any time.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial proceedings 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.
12. The Site is owned and operated by Viral Ventures LLC, P.O. Box 29452, Los Angeles, CA, 90029. For further information about Viral Ventures LLC or the Site, please visit the About or Help sections of the Site or viral-ventures.com.
Copyright © 2011 Viral Ventures LLC. All rights reserved.