Terms & Conditions

Basic Terms

These terms and conditions govern your use of this website; by using this website, you accept to be bound to these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website. If you are accepting these Terms and using the Services on behalf of a company, organization, government or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services on in compliance with these Terms and all applicable state, local, national and international laws, rules and regulations.

You must be at least 13 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 13 years of age.

The Services that Keepbooth provides are of the nature that they may change from time to time without notice to you. Keepbooth may permanently or temporarly stop providing the Services, or any features within the Services, to you or to users. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

This website may use cookies. By using this website and agreeing to these terms and conditions, you consent to our Keepbooth's use of cookies in accordance with the terms of Keepbooth's [privacy policy / cookies policy.

Privacy

Any information that you or other Users provide to Keepbooth is subject tour Privacy Policy. You understand that through your use of Keepbooth you agree to the collection and use of this information, including transfer of this information to the United States and/or other countries for storage, processing and use by Keepbooth. You understand that we may need to provide you with certain communications as part of providing you the Services. These communications are considered to be part of the Services and your Keepbooth account, which you may not be able to opt-out from receiving while your account is active.

License to use website

Unless otherwise stated, Keepbooth and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

By submitting, posting or approving to the “public page” or slideshow through the Services, you grant us a worldwide, non-exclusive, royalty-free licence (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners.

You may view, download for caching purposes only, and print pages or photos from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • sell, rent or sub-license material from the website that is not yours;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or

You may use and republish content that is sent to your Keepbooth.com email address provided that you have the permission of any parties that may have rights to said content.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use Keepbooth to publish, republish or distribute images or other content that violates the laws of the United States or the location where you are located or reside. The following are explicitly not permitted on Keepbooth: pornographic images, copyrighted images or images that are the intellectual property of another individual, images that are used to harass another individual. If another individual asks you to remove a photograph taken of them without their permission from their Keepbooth account it is your responsibility to comply.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Keepbooth’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Keepbooth’s express written consent.

If Keepbooth determines that you are violating the terms of acceptable use as defined in this agreement your account may be deleted or suspended. If you have a paid account a refund may or may not be issued. This is at the full discretion of Keepbooth.

Restricted access

Access to certain areas of this website is restricted. Keepbooth reserves the right to restrict access to [other] areas of this website, or indeed this entire website, at Keepbooth’s discretion.

If Keepbooth provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. This is your responsibility.

Keepbooth may disable your user ID and password in Keepbooth’s sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Keepbooth a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Keepbooth the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Keepbooth or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Keepbooth reserves the right to edit or remove any material submitted to this website, or stored on Keepbooth’s servers, or hosted or published upon this website.

Notwithstanding Keepbooth’s rights under these terms and conditions in relation to user content, Keepbooth does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Keepbooth makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Keepbooth does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]

Limitations of liability

Keepbooth will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • [to the extent that the website is provided free-of-charge, for any direct loss;]
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Keepbooth has been expressly advised of the potential loss.

Keepbooth Rights

All right, title, and interest in and to the Services (excluding content provided by Users) are and will remain the exclusive property of Keepbooth and its licensors. The Services are protected by copyright, trademark, and other laws of the United States. Nothing in the Terms gives you a right to use the Keepbooth name or any of the Keepbooth trademarks, logos, domain names or any other distinctive elements of the brande.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Keepbooth’s liability in respect of any:

  • death or personal injury caused by Keepbooth’s negligence;
  • fraud or fraudulent misrepresentation on the part of Keepbooth; or
  • matter which it would be illegal or unlawful for Keepbooth to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, Keepbooth has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Keepbooth’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Keepbooth’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Keepbooth.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Keepbooth and undertake to keep Keepbooth indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Keepbooth to a third party in settlement of a claim or dispute on the advice of Keepbooth’s legal advisers) incurred or suffered by Keepbooth arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].

Breaches of these terms and conditions

Without prejudice to Keepbooth’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Keepbooth may take such action as Keepbooth deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Keepbooth may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Keepbooth may transfer, sub-contract or otherwise deal with Keepbooth’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Keepbooth reserves the right to remove Content or to delete your account at any time at our sole discretion.

At any time, you have the ability to severe the agreement by deleting your Keepbooth account, providing however that you are still bound to the terms of this agreement while your account is active. This can be done from the “account” page while you are logged into your Keepbooth account. We are not responsible for the loss of data that may occur by deleting your account.

Entire agreement

These terms and conditions, together with the Privacy Policy, constitute the entire agreement between you and Keepbooth in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of the United States of America and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of San Francisco County, California.

Disclaimers and Limitations of Liability

Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KEEPBOOTH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ANY ENTITIES OWNED OR OPERATED BY KEEPBOOTH EXCEEDS THE GREATER OF TEN U.S. DOLLARS (U.S. $10.00) OR THE AMOUNT YOU PAID KEEPBOOTH, IF ANY, IN THE PAST TWELVE MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE ENTITIES OWNED OR OPERATED BY KEEPBOOTH HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Keepbooth’s details

Keepbooth is the property of Postbound, Inc.

These terms and service are provided by Postbound, Inc. (DBA Keepbooth), 106 East Liberty, Ste. 301, Ann Arbor, MI 48104. If you have any questions please contact us.

Credit

This document was created using a Contractology template available at http://www.freenetlaw.com.