Effective as of December 16, 2012
KCSV may discontinue or alter any aspect of the Website, remove Content from the Website, disable Widgets, disable or alter the functionality of the Website or the Donor Services, restrict the time the Website or the Donor Services are available or restrict the amount of use permitted at KCSV’s sole discretion and without prior notice or liability. You agree that KCSV may suspend and/or terminate your access to the Website, the Donor Services, or any part thereof at any time and for any reason. You further agree that such measures shall be taken in KCSV’s sole discretion and without liability to you or any third party.
You understand that KCSV is a non-commercial, volunteer-based initiative to promote and support entrepreneurs. When you send, donate, or otherwise transfer value to KCSV via the Website (a “Donation”), you acknowledge that KCSV has sole discretion to use and distribute the funds and you give to KCSV all of your right, title, and interest in the Donation. By making a Donation to KCSV and by your acts in conformance with this Agreement, you acknowledge that no consideration for the Donation has been offered or provided by KCSV, nor do you expect to receive any consideration, and that you have no expectation of repayment or acquisition of cash, goods, services, or the like, upon the receipt of the Donation by KCSV. You understand that KCSV is not required to accept your Donation. You agree that you will not hold KCSV liable for any damages resulting from its decision to not accept a Donation made through the Donor Services.
The Donor Services allow you to fund Donations via credit card or other authorized transaction method, via either KCSV or its designated third-party payment processor (“Payment”). KCSV may utilize the services of certain third-party payment processors to process Payments by credit cards and other accepted methods of payment. Your Payment, and its processing, is subject to any additional terms and conditions imposed by such third-party payment processors. The Donation amount and applicable fees or taxes, if any, shall be applied to your chosen method of payment upon submission of your Payment. By making such Payments, you hereby agree that KCSV has no responsibility, and shall have no liability, for any claim related to your Payments on such third-party websites or your Donation to KCSV. The availability of the Donor Services altogether is subject to change and/or discontinuance.
When you make a Payment, you are providing KCSV with authorization to process your Payment and complete the transaction. The processing of some transactions may be delayed for a variety of reasons, in which case, any such authorization for the processing of your Payment will remain valid for up to thirty (30) days after you provide it. You are responsible for confirming the accuracy of the information you provide about each Payment you send, specifically including, without limitation, the amount of any Payment you submit.
You understand that any Donation made to KCSV is not deductible as a “charitable contribution” for federal or state income taxation or any other deduction purposes. You further understand that you are solely liable, and assume sole liability, for any and all federal gift tax liability incurred by reason of such Donation, in accordance with I.R.C. §§ 2001, 2501(a)(1), 2511, and release, indemnify, and hold harmless KCSV from all liability for any gift tax. It is your responsibility to determine what, if any, tax implications apply to the Payments you make, and it is your responsibility to collect, report, and remit the correct tax information to the appropriate taxing authorities. KCSV is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting, or remitting any taxes arising from the transaction. You acknowledge that KCSV may report to the appropriate taxing authority the total amount of Payments you process. You agree that you will not receive interest or other earnings on the Donations made to KCSV.
KCSV Intellectual Property
For certain aspects of the Website, you may be asked to register an account. In the event you agree to register an account, you will select and/or receive a username and password upon providing registration information and successfully completing the registration process. This account is personal to you, and you will not share it or allow any other person to utilize your account. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to immediately notify KCSV in the event (a) your registration information changes, or (b) you learn of or have reason to suspect any unauthorized use of your account or any other breach of security. You also agree that you will provide truthful and accurate information during the registration process. KCSV may refuse to grant a particular username to you for any reason, including, without limitation, in the event KCSV determines that such username impersonates someone else, is protected by trademark or other proprietary right law or is vulgar or otherwise offensive.
You acknowledge that the Website may contain or provide access to information, software, photos, video, text, graphics, music, sounds or other material provided by KCSV or third parties (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets or other intellectual property laws, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. For the avoidance of doubt, references to Content shall include User Content (defined below).
The Content posted by users via the Website (“User Content”) is the intellectual property of the specific users of the Website who post such User Content and their licensors, if any. KCSV does not claim any ownership rights in such User Content. By posting User Content via the Website, however, you hereby grant to KCSV a limited, transferable, nonexclusive, worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense and create derivative works and compilations incorporating such User Content.
KCSV does not generally monitor or otherwise remove User Content after it is posted on the Website except under certain limited circumstances as required or permitted by law or otherwise in the sole discretion of KCSV. In the event you would like to request that KCSV remove your User Content from the Website, please contact KCSV at email@example.com. Please note however, that if KCSV agrees, in its sole discretion to remove your User Content, such User Content may not be completely removed or may otherwise still be available to others in the following circumstances: (a) your User Content has been incorporated into derivative works or compilations created by KCSV or other parties; (b) such User Content has been retained in KCSV’s data backup systems or for archival purposes; or (c) to the extent such User Content has been sold to or downloaded by other persons and such persons retain your User Content.
KCSV widgets (“Widgets”) are tools which you may place on your website in order for visitors to your website to access and view Content and other information located on the KCSV Website. Widgets may include, without limitation, KCSV trademarks and logos, headlines and links to articles located on the KCSV Website, search boxes which link to Content and other information located on the KCSV Website, and advertising for KCSV and third party products and services. References to Widgets herein shall include, without limitation, all associated Content and information provided via the Widgets, all software files or other intellectual property comprising or provided via the Widgets, all data and code that accompanies the Widgets, and all upgrades, enhancements, modifications, updates and revisions of such software and code.
You may not use the Widgets in any manner that would constitute an endorsement (whether express or implied) by KCSV (including any of its parent, subsidiary or related companies) of your website or any product, service or activity contained on your website. You may not place the Widgets on any website that includes content that is offensive, abusive, harassing, threatening, discriminatory, vulgar, pornographic or otherwise inappropriate as determined by KCSV in its sole discretion.
The Widgets may be used only with those platforms from which a functional link is made available that direct users to Content and other information as located on the KCSV Website. You may not use the Widgets in any manner that does not permit successful linking to, redirection to or delivery of the applicable KCSV web page. You may not insert any intermediate page, splash page or other content between the Widget link and the applicable KCSV web page. KCSV may use data capture, syndication analysis and other similar tools to track, extract, compile aggregate and analyze any data or information resulting from use of a Widget.
KCSV may allow users to place Orders for products, subscriptions and/or services via the Website or through its third-party affiliate. “Order” shall mean any order placed by a user for products, subscriptions and/or services via the Website that is accepted by KCSV. In the event that you are a user placing an Order to purchase products, subscriptions and/or services, you are subject to the additional terms of this section. Please note that in some cases, you may be directed to a third-party website make purchases. In such an event, the purchase terms in this section do not apply, and your purchase will be governed by the terms of such third-party website. By making such purchases, you hereby agree that KCSV has no responsibility, and shall have no liability, for any claim related to your purchases on such third-party websites.
Upon placing an Order, you shall pay to KCSV the purchase price as set forth in the “Shopping Cart” or similar ordering mechanism. KCSV or its third-party affiliates may utilize the services of certain third-party payment processors to process payments of credit cards and other accepted methods of payment. Your purchase is subject to any additional terms and conditions imposed by such third party payment processors. The purchase price and any applicable fees or taxes shall be applied to your chosen method of payment upon submission of your order.
Prices and availability of products are subject to change without notice. Errors will be corrected where discovered, and KCSV reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your payment method accepted and charged. In the event your payment method has been accepted and charged, KCSV will issue you the appropriate credit within a reasonable time after your order has been revoked.
In the event you purchase a product that must be shipped to you, KCSV and/or its third-party contractors will ship such products within a reasonable time after processing of your order. Shipment time will vary depending on the shipping method and service you select. KCSV does not guarantee delivery at any certain time and is not responsible for shipping delays.
In the event a product ordered by you is damaged upon receipt, KCSV, at its sole option, may provide a replacement product or refund the purchase price. Damaged products, which KCSV will accept for return or refund, include products that are missing, torn or physically damaged or inoperable. Otherwise, KCSV cannot guarantee the quality of the products sold via the Website that contain User Content or guarantee the lack of errors in such User Content (including, without limitation, misspellings and grammatical or other errors). KCSV does not monitor or inspect User Content prior to inclusion in products sold via the Website, and the user creating and/or posting such User Content bears all responsibility for such User Content.
In the event that you post any User Content or provide any Feedback via the Website, you hereby make the following additional representations and warranties to KCSV: (1) you are owner of such User Content or Feedback or otherwise have the right to grant KCSV the licenses or assignments granted pursuant to this Agreement; (2) you have secured any and all consents necessary to post the User Content or Feedback and to grant the foregoing licenses or assignments; (3) the User Content or Feedback does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such User Content or Feedback does not contain any personally identifiable information about third parties in violation of such parties’ rights; (4) the use of any User Content or Feedback will not result in harm or personal injury to any third party; and (5) all factual information contained in the User Content or Feedback is true and accurate.
KCSV uses reasonable efforts to maintain the Website, but KCSV is not responsible for any defects or failures associated with the Website, any part thereof, any Content posted using the Website, Widgets, or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. The Website may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions, (b) periodic maintenance procedures or repairs which KCSV may undertake from time to time, or (c) causes beyond the control of KCSV or which are not foreseeable by KCSV.
KCSV is not a backup service for storing User Content, and KCSV shall have no liability regarding any loss of User Content. You are solely responsible for creating backups of any User Content you post using the Website.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE WEBSITE, THE DONOR SERVICES, ANY CONTENT, ANY WIDGETS, AND ANY PRODUCTS OR SERVICES PROVIDED VIA THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT ALLOWED BY LAW, KCSV EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NON-INFRINGEMENT.
WITHOUT LIMITATION, KCSV MAKES NO WARRANTY THAT THE WEBSITE, THE DONOR SERVICES, ANY CONTENT, ANY WIDGETS, OR ANY PRODUCTS OR SERVICES PROVIDED VIA THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOING OR ANY INFORMATION FOUND THEREON WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED THROUGH THE WEBSITE AND THE DONOR SERVICES WILL MEET YOUR EXPECTATIONS.
ANY CONTENT, WIDGETS OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Limitation of Liability
TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT KCSV SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KCSV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE WEBSITE, THE DONOR SERVICES, ANY CONTENT, WIDGETS, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED VIA THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE OR OTHERWISE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; OR (D) ANY OTHER MATTER RELATING TO THE WEBSITE, THE DONOR SERVICES, ANY CONTENT, WIDGETS, OR THE PURCHASE OF KCSV’S PRODUCTS OR SERVICES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE WEBSITE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH ITS TERMS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT SHALL KCSV’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE, THE DONOR SERVICSE, WIDGETS, OR PURCHASING KCSV’S PRODUCTS OR SERVICES OR ANY AMOUNT RETAINED BY KCSV FOR PROVIDING THE SERVICES.
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.
You agree to defend, indemnify and hold harmless KCSV, its officers, members, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorneys’ fees and costs and expenses, arising out of or in any way connected with (a) your access to or use of the Website or any part thereof, (b) any User Content you post via the Website, the Donor Services, or any part thereof, (c) a breach or alleged breach by you of any of your representations, warranties, covenants or obligations under this Agreement, (d) infringement or misappropriation of any intellectual property or other rights of KCSV or third parties by you, (e) any negligence or willful misconduct by you, (f) any other claim related to your performance under this Agreement, or (g) your use of any Content, Widgets, or services or products provided by KCSV.
Term and Termination
Governing Law and Other Miscellaneous Terms
The parties and their respective personnel are and shall be independent contractors, and neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.
You acknowledge and agree that any expenses that you incur in furtherance of this Agreement are voluntary in nature and are made with the knowledge that this Agreement may be terminated as provided herein. You shall not make a claim against KCSV, and KCSV shall not be liable with respect to the recoupment of any expenditures or investment made by you in anticipation of the continuation of this Agreement beyond the term hereof.
The parties agree that breach of the provisions of this Agreement would cause irreparable harm and significant injury to KCSV that would be both difficult to ascertain and that would not be compensable by damages alone. As such, the parties agree that KCSV has the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance or other equitable relief without prejudice to any other rights and remedies KCSV may have for your breach of this Agreement.
If any action at law or in equity is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.
The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting and construing this Agreement.
If the performance of any part of this Agreement by either party (other than payment of money) is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor dispute, act of God, telecommunications failure or any other cause beyond the control of either party, that party shall be excused from such performance to the extent that it is prevented, hindered or delayed by such cause.
This Agreement, including any other agreements or additional terms referenced herein, constitutes the complete and exclusive statement of the Agreement between the parties with respect to the Website, the Donor Services, Content, Widgets, and products and services offered via the Website or the Donor Services, and, unless otherwise expressly provided herein, it supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Website, the Donor Services, Content, Widgets, and products and services sold via the Website. If any provision of this Agreement is found unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision. As so reformed or modified, the court shall fully enforce this Agreement. The provisions of this Agreement that by their content are intended to survive the expiration or termination of this Agreement, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination and interpretation of this Agreement, will survive the expiration or termination of this Agreement for their full statutory period.
The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement.
KCSV makes no representation that the Website, Content or other material or information on the Website is appropriate to or available in locations outside of the United States. You may not use the Website or export Content in violation of United States export laws, regulations or restrictions. If you access the Website from outside of the United States, you are responsible for compliance with all applicable laws.
Copyright and Copyright Notices
KCSV 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 KCSV’s Copyright Agent the following information:
- An electronic or physical signature of the owner or 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 Website sufficient to allow us to locate the allegedly infringing material;
- 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; 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.
Please contact KCSV’s Copyright Agent for Notice of Claims of copyright infringement at: firstname.lastname@example.org. Copyright owners and agents acknowledge that failure to comply with all of the requirements of the foregoing may result in an invalidity of the DMCA notice.
Counter-Notice. If you believe that the User Content that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the User Content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification of the User Content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court exercising jurisdiction over Johnson County or Wyandotte County, Kansas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, KCSV may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the person providing such User Content, the removed User Content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at KCSV’s sole discretion.