Terms of Use
Date last modified: February 25, 2008
Small Business Strategy, Inc. (doing business as K Squared Enterprises) (“K Squared”) welcomes you to its website (the “Website”). THE CONTENT ON THE WEBSITE IS PROVIDED ON THE FOLLOWING TERMS AND CONDITIONS (the “Terms”). BY ACCESSING OR USING THE WEBSITE YOU AGREE TO THE TERMS. Please note that we reserve the right, at our discretion, to revise the Terms at any time, so please check back here periodically. If we revise the Terms we may change the “Date Last Modified” above, but you will be bound by the revised Terms whether or not we update the “Date Last Modified” if you continue to use the Website. Please note that our Privacy Policy is a part of, and is hereby incorporated into the Terms, so please review our Privacy Policy as well.
Proprietary Rights
Subject to the this paragraph, all content and functionality on the Website, including text, graphics, logos, icons, and images and the selection and arrangement thereof, is the exclusive property of K Squared or its licensors and content partners, and is protected by U.S. and international copyright laws. Also, the trademarks, service marks, designs, and logos displayed on the Website are the registered and unregistered Trademarks of K Squared and its licensors. To the extent users lawfully post text, messages, information, software, images, audio and video (“User Content”) on the Website, the copyright of which is owned by the users, then such users (absent some other further agreement with K Squared) will continue to own the User Content; however please note the right of K Squared to make use of the User Content as provided below.
Limited License to Use the Website
You may use the Website, the content (the “Content”) offered by K Squared on the Website and any User Content only for personal, non-commercial purposes, and subject to any rules that accompany that particular content. You may not use any Content or User Content in a manner that exceeds the rights granted for your use of such content. You may print or download one copy of the Content or User Content on any single computer for your personal, non-commercial use provided you keep intact all copyright and other proprietary notices. You may not use any data mining software, robots, or similar data gathering and extraction tools on the Content or User Content, frame any portion of the Website, the Content or the User Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content or User Content without K Squared’s prior written consent.
Rules for Commenting and User Postings:
We invite you to view, submit questions and comment on the Website. We appreciate your participation, subject however at all times to the following rules:
- The Website is open to the public, so do not include anything in a comment that you would like to keep private. For personal safety reasons, please DO NOT include any personal information (e.g., full name, address, phone number, etc.) about you or anyone else. Please note that any personal information you do post to any public area of the Website will be public, and we do not necessarily monitor or remove such information.
- Disagreement and respectful differences of opinion are welcome, however hate speech and name calling, obscenity, vulgarity and defamatory comments are not. Including portions of other people’s content (with appropriate credit) for comment or criticism is permitted, but posting other people’s content as your own is not allowed. You are responsible for your conduct and for obtaining any necessary permission to post any third party owned data, text, graphics, audio or video clips or other content you include in a submitted comment.
- You can share a link to your own Web site or blog in your submissions. However please do not include links to sites that contain content that would not be permissible under the Terms.
Further Website Rules and Communications Features Terms
Certain areas of the Website may allow you to post User Content, such as pictures, videos, music, written materials, etc., that can be accessed and viewed by the public in general (“Public Forum”). You may only post User Content that you created or that you have permission to post to Public Forums. You may not post User Content that violates the Terms or our Privacy Policy.
You agree that we are not responsible or liable for User Content or other content that is provided by users or other third parties. We have no duty to pre-screen User Content, but we have the right to edit or refuse to post any submitted User Content. We reserve the right to remove User Content for any reason, but we are not responsible for any failure or delay in removing such material.
By submitting comments regarding K Squared or the Website or otherwise using any of the communications features that may be available to you on or through the Website, you agree that you will comply with the Terms and that you will not upload, post, or otherwise distribute or facilitate distribution of any content — including text, graphics, software, images, video, sounds or other audio, data or other information — that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, patently offensive, vulgar, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals) or links to an adult website, or otherwise violates the Terms or our Privacy Policy;
- victimizes, harasses, exploits, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, gender identity and expression, race, ethnicity, age, or disability;
- infringes any patent, trademark, trade secret, copyright, privacy/publicity rights, or other proprietary rights of any party, or promotes the infringement of the same, including by providing pirated computer programs or links to them, providing pirated music or video, or links to pirated music or video files, and/or providing information or the means to circumvent copy-protection technology;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, harvesting or collecting of e-mail addresses or other contact information of others for sale or any other misuse of such information or for any form of lottery or gambling or that solicits passwords or personally identifying information for commercial or unlawful purposes;
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- involves commercial activities, promotion and/or sales without our prior written consent;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party or contains restricted or password only access or hidden pages or images (those not linked to or from another accessible page);
- impersonates any person or entity; or
- interferes with or seeks to interfere with the operation of the Website or the use of the Website by others.
You also agree that you will not harvest or collect information about the Website or Website users, or use such information for the purpose of transmitting (or facilitating transmission of) unsolicited bulk electronic e-mail or communications. You further agree that you will not knowingly solicit or collect personal information from a minor (anyone under 18 years old). Personal information includes but is not limited to name, address, phone number or name of a minor’s school.
You acknowledge that anything you submit to the Website (by way of any Public Forum or otherwise) may be routed through our servers, the servers of one or more third parties on our behalf, and the Internet, and may be viewed on the Internet by the general public and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that Public Forums and features offered therein are for public and not private communications. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.
You are and shall remain solely responsible for the content you submit and/or post in any Public Forum and for the consequences of submitting and posting same. We do not endorse the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.
Content Posted by Content or Advertising Partners
Some of the content posted on the Website is posted by third party content or advertising partners (“Third Party Content”) with whom we have relationships (“Content Providers”). You hereby acknowledge that (i) K Squared is not responsible for any aspect of such Third Party Content, (ii) the Content Provider posting such Third Party Content is solely and exclusively responsible for the content of such Third Party Content, (iii) K Squared does not endorse or sponsor any such Third Party Content (or products or services mentioned or advertised therein), (iv) K Squared makes no express or implied warranties whatsoever with respect to the accuracy, relevancy, legality or decency of material contained in such Third Party Content, and (v) K Squared cannot and does not guarantee that Third Party Content complies with the Terms or our Privacy Policy.
Monitoring of Content
K Squared itself or through its agents and contractors, has the right but not the obligation, at its sole discretion, to remove any User Content or comment that, in its sole judgment, does not comply with the Terms, or is otherwise harmful, objectionable, inaccurate or inappropriate. K Squared is not responsible for any failure or delay in removing such content. K Squared is not responsible for any content posted on the Website by users that violates the Terms or our Privacy Policy.
License to User Submitted Content
We do not claim ownership of any content that users may post. However, by submitting or posting any User Content or other content, including, but not limited to, comments or materials on the Website, you grant K Squared and its owners, principals, affiliates, subsidiaries and licensees the right to use, reproduce, edit, create derivative works based on, publish, publicly perform, display, perform, adapt, modify, distribute, have distributed, promote and otherwise exploit all such content in any medium and for any purpose anywhere in perpetuity; you waive any claims against K Squared and its officers, directors, principals, employees and representatives for any alleged or actual infringements of any rights or privacy or publicity, moral or other rights resulting from or relating to any use of the User Content contemplated by this paragraph, or for any use any others may make of the User Content as a result of your posting it on the Website, and you warrant and represent that you own or otherwise control all of the rights to such content, and that public posting and use of your content by K Squared and its owners, principals, affiliates, subsidiaries and licensees will not infringe or violate the rights of any third party.
Links to Third Party Sites
The Website may link you to other websites on the Internet. While we seek to offer links to websites we think you will enjoy and find useful, it is possible that any linked website may contain information or material that some people may find uninteresting, irrelevant, inappropriate or offensive. These other linked sites are not necessarily under the control of K Squared, and in any event you acknowledge that K Squared not responsible for the accuracy, legality, decency, or any other aspect of the content of any third party linked websites. The inclusion of a link to any such third party site does not necessarily imply endorsement of, or association with, such other website by K Squared.
Unsolicited Ideas and Proposals
It is our policy not to consider unsolicited ideas from anyone other than current employees. Accordingly, please do not send us any unsolicited materials such as ideas, concepts, stories, artwork, photographs, videos, audiovisual works, sound recordings, program formats, and/or other similar materials (“Unsolicited Submissions”). If, despite our request, you intentionally or unintentionally send us any Unsolicited Submissions, or if you submit or post User Content on the Website (any such User Content together with Unsolicited Submissions shall be referred to herein as “Submissions”), we shall be entitled to, and you thereby license to us, unrestricted use of such Submissions for any purpose whatsoever, commercial or otherwise, without the requirement of any permission from or payment to you or to any other person or entity. No Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission.
You agree that any Submissions are not being provided in confidence or trust, and that no confidential or fiduciary relationship is intended or created between you and us in any way. To the extent any “moral rights,” “ancillary rights,” or similar rights in or to the Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights in any Submission.
DISCLAIMER OF WARRANTIES
ALL CONTENT INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT, MATERIALS AND PRODUCTS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. K SQUARED, ITS OWNERS, PRINCIPALS, AFFILIATES, SUBSIDIARIES AND ITS LICENSORS DISCLAIM ANY WARRANTIES THAT: (i) THE CONTENT, MATERIALS AND PRODUCTS ARE ACCURATE, RELIABLE OR CORRECT; (ii) THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (iii) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (iv) THE WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE WEBSITE, AND ANY INFORMATION POSTED THEREON (WHETHER POSTED BY K SQUARED OR ANY OTHER PARTY) IS SOLELY AT YOUR RISK.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL K SQUARED, ITS OWNERS, PRINCIPALS, AFFILIATES, SUBSIDIARIES OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF K SQUARED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Indemnification
You agree to promptly defend, indemnify, and hold harmless K Squared and its owners, principals, affiliates, subsidiaries licensors and licensees and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from (i) your use or misuse of the Website; (ii) your violation of the Terms or our Privacy Policy; (iii) your violation of any law or third party right, including without limitation any third party’s copyright, trademark, privacy/publicity or other proprietary rights; or (iv) any claim that any User Content posted by you caused damage to a third party. K Squared reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with K Squared in asserting any available defenses. This defense and indemnification obligation will survive the termination or expiration of the Terms and your use of the Website.
K Squared Not Liable For Your Use of Advice
K Squared and its owners, principals, affiliates, subsidiaries licensors and licensees and their employees, contractors, officers, and directors may from time to time provide solicited, and unsolicited, advice and information on the Website. Any use or reliance by you on any such advice or information will be wholly at your own risk (and any such advice or information shall be deemed given without any representation or warranty by K Squared or any such parties). You hereby release K Squared and its owners, principals, affiliates, subsidiaries licensors and licensees and their employees, contractors, officers, and directors from any liability or claims you may at any time have against them as a result of or in connection with your use or reliance on such information or advice.
International Use
K Squared makes no representation that content of, or products available through, the Website are appropriate or available for use in locations outside the United States. Accessing the Website from territories where the site contents are illegal is strictly prohibited. Those who choose to access the Website from locations outside the United States do so at their own risk and at their own discretion, and are responsible for compliance with all local laws.
Our Copyright Policy
K Squared abides by the federal Digital Millennium Copyright Act (“DMCA”) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. If you are a copyright owner or an agent thereof and believe that any content on the Website infringes upon your copyright rights, you may submit a notification pursuant to the DMCA by following the procedures described below. As part of our response, we may remove or disable access to content residing on the Website that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected content so that they may make a counter notification, also in accordance with the DMCA.
Before serving either a notice of infringing material or a counter-notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with our rights and obligations under the DMCA and, in particular, section 512(c), and do not constitute legal advice.
Notice of Infringing Material
To file a notice of infringing material on the Website please provide a notification containing the following details:
- Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (e.g., title, author, URL);
- Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (e.g., a link to the page that contains the material);
- Your contact information so that we can contact you (e.g., your address, telephone number, e-mail address);
- A statement that you have a good faith belief that the use of the material identified is not authorized by the copyright owner, its agent, or the law;
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and
- Your physical or electronic signature.
You must send this notice by mail, fax, or e-mail to:
By Mail:
Steve Goldstein, Esq.
c/o Ksquared Enterprises
119 West 23rd Street, #1009
New York, NY 10011
By Fax: 212-929-6655
By E-mail: info@wwyikm
Counter Notification
If material that you have posted to the Website has been taken down, you may file a counter-notification that contains the following details:
- Identification 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 disabled;
- 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 in question;
- Your contact information so that we can contact you (e.g., your address, telephone number, e-mail address);
- 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 your address is outside of the USA, for any judicial district in which we may be found and that you will accept service of process from the person who submitted a notice in compliance with the section (c)(1)(C) of the DMCA, as generally described above; and
- Your physical or electronic signature.
You must send this notice by mail, fax, or e-mail to:
By Mail:
Steve Goldstein, Esq.
c/o Ksquared Enterprises
119 West 23rd Street, #1009
New York, NY 10011
By Fax: 212-929-6655
By E-mail: info@wwyikm
Choice of Law & Forum; Statute of Limitations
You agree that the Terms shall be governed by the laws of the State of New York, without reference to its conflict of laws principles. Any claim or dispute between you and K Squared or its principals, shareholders, directors, employees or representatives that arises in whole or in part from your use of the Website shall be decided exclusively by a court of competent jurisdiction located in New York County, New York.
YOU AND K SQUARED AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR YOUR USE THEREOF MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Waiver
No waiver of any of the Terms shall be deemed a further or continuing waiver of such term or any other term, and K Squared’s failure to assert any right or provision under the Terms shall not constitute a waiver of such right or provision.
Severability & Integration
Unless otherwise specified herein, the Terms and our Privacy Policy constitute the entire agreement between you and K Squared with respect to your use of the Website and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and K Squared with respect to the Website. If any portion of the Terms or our Privacy Policy is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Termination
Your right to use the Website automatically terminates if you violate the Terms (including the Privacy Policy). We also reserve the right, in our sole discretion, to terminate your access to all or part of the Website, for any reason or no reason at all, with or without notice. Upon termination, you must cease use of the Website and destroy all materials obtained from the Website, whether made under these terms of use or otherwise.
Ability to Enter Into This Agreement
You affirm that you are either 18 or older, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms, and to abide by and comply with the Terms.
Assignment
The Terms, and any rights and/or licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by K Squared without restriction. |
