Last Updated: March 29, 2016

These terms of use (“Terms”) govern your use of Knotch, Inc.’s (hereinafter “Knotch”, “we”, “us”, or “our”) websites located at knotch.it and/or any other website owned or controlled by Knotch (collectively, the “Site”), and any materials, data and information that you access through the Site. The Site may be accessed and used only by individuals who can form legally binding contracts under applicable laws and who are not barred from using the Site under applicable laws. By registering for, accessing and/or using the Site you agree to these Terms and you consent to the collection, use and disclosure of your information as described herein. If you don’t agree to these Terms then you must exit the Site immediately and discontinue using the Site. Your continued use of the Site will be deemed to be your agreement to be bound by these Terms.

Knotch may revise these Terms at any time without notice. You should check the Knotch Terms of Use webpage periodically to confirm whether these Terms have been updated. By continuing to use the Site, you are agreeing to be bound by the then current version of these Terms.

1. Registration and Account Responsibility

Registration on the Site is available to anyone who (1) can form legally binding contracts under applicable laws, (2) is not barred from using the Site under applicable laws, and (3) truthfully and accurately provides all required information, and who obtains a unique username and password. Each time you log in to the Site you will be confirmed as an authorized user. You are solely responsible for protecting the security and confidentiality of your username and password. You are solely responsible for any and all access to, and activities performed on our Site including but not limited to, all transmissions with your username and password, or any other breach or threatened breach of the sites security of which you become aware. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user’s account without that user’s permission. You may not use false or misleading contact information, pretend to be someone other than yourself, or otherwise mislead Knotch or our service providers.

We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else’s rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to the Site for any reason.

2. Content

All text, graphics, user interfaces, interface design and layout, visual interfaces, designs, photographs, trademarks, logos, written content, images, illustrations, sound or video clips, software code, widgets and animation found on the Site (collectively, “Content”), including but not limited to the structure, selection, coordination, expression and arrangement of such Content, is owned, controlled or licensed by or to Knotch, and except as expressly provided in these Terms, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the express prior written consent of Knotch. Knotch may change the Content and features of the Site at any time.

3. Use of the Site and License Grant

Subject to these Terms, Knotch hereby grants you a revocable, non-transferable, non-exclusive, personal and limited license to use and view the Site and its Contents only if, as a condition precedent, you agree that you will not:

  • Use the Site or any Content in violation of any applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence;
  • Use the Site or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Knotch or the rights of others;
  • Resell for commercial purposes Content obtained through use of the Site;
  • Modify, copy, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or any Content, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Content;
  • Use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site;
  • Attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Knotch server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means;
  • Probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site;
  • Reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Knotch to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site;
  • Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any systems or networks connected to the Site.
  • Use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content or service offered on or through the Site.
  • Pretend that you are, or that you represent, someone else, or impersonate any other individual or entity; and
  • Post, send, submit, publish, or transmit in connection with the Site any material that:
    • You do not have the right to post, including proprietary material of any third party, such as files containing software or other third party material protected by intellectual property laws (or by rights of privacy or publicity);
    • Violates or may violate any law, advocates illegal activity or discusses an intent to commit an illegal act;
    • Does not pertain directly to the Site or its services;
    • Threatens or abuses others, libels, defames, invades privacy, stalks, or is obscene, pornographic, vulgar, indecent, racist, abusive, harassing, threatening or offensive;
    • Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
    • Harvests or otherwise collects information about others, including e-mail addresses, without their consent;
    • Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
    • Falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded;
    • Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, or soliciting goods or services);
    • Solicits funds, advertisers or sponsors;
    • Includes programs that contain viruses, worms or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or network;
    • Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Site;
    • Amounts to a “pyramid” or other like scheme, or consists of contests, chain letters, or surveys; and
    • Disobeys any policy or regulations, including any code of conduct or other guidelines, established from time to time regarding use of the Site or any networks related to the Site; or contains links to other websites or software containing content that falls within the descriptions set forth above.

4. Disclaimer of Warranties and Limitation of Liability

We hereby disclaim any and all warranties and representations with regard to the Site, and Content, including but not limited to, the warranties of title, merchantability, non-infringement of third parties’ rights, and fitness for particular purpose, and any warranties arising from a course of dealing or usage of trade. The Site and Contents are provided “as is” and without any warranties of any kind. You agree that you use the Site and Content entirely at your own risk. Knotch is not liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to or use of the Site or Content. If you are dissatisfied with the Site or the Content, your sole remedy is to discontinue using the Site. Without limiting the foregoing, we make no warranties of the following:

  • That the Site will meet your requirements;
  • That the Site will be uninterrupted, timely, secure or error free;
  • That the Site will be free of viruses or other harmful or malicious code; and
  • That any errors on this Site will be promptly corrected.

In no event shall Knotch, its affiliates, officers, directors, employees and agents, or any third-party involved in the creation and maintenance of the Site and its Content, be liable for any damages (including without limitation, direct, incidental, special, consequential, indirect, or punitive damages, or damages resulting from lost profits, lost data or business interruption) arising out of your access to, use, or inability to access or use the site, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages, including damages to, or viruses that may infect, your computer equipment on account of your access to or use of the Site. Some jurisdictions do not allow exclusion of implied warranties or limitation of liability for direct, incidental or consequential damages, so the above limitations may not apply to you. In such jurisdictions, our liability shall be limited to the lesser of one hundred dollars or the lowest amount permitted by applicable law.

As noted above, we reserve the right to terminate your access, or suspend any user’s access to all or part of the Site without notice or recourse, for any conduct that Knotch believes is in violation of any applicable law or of these Terms, or that Knotch believes to be harmful to the interests of another user, a service provider, Knotch or its affiliates.

5. Indemnification

You will indemnify, defend and hold Knotch, its affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach by you of this Agreement, including any use of the Services other than as expressly authorized in this Agreement. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify, defend and hold the Indemnified Parties harmless for any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees in connection therewith. You will also indemnify, defend and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from the Services. This paragraph shall survive the termination of this Agreement.

6. Governing Law

By visiting/using the Site, you agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Knotch. You consent to and agree that you are subject to the jurisdiction of the state and federal courts of the State of Delaware with respect to any actions for enforcement of or breach of these Terms brought by Knotch against you.

7. Your Privacy

You acknowledge that you have received, read in full, and agree with the terms of our Privacy Policy.

If you have any questions or comments about this these Terms, please contact us at privacy@knotch.it.