Terms of Service

Terms of Service
May 02, 2007

These Terms of Service apply to all users, contest participants, and contributors of any content to the Web Site.

You agree that you will not: (i) impersonate another person; (ii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iii) post advertisements or solicitations of business; or (iv) submit material that is copyrighted, a protected trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant Kaarme all of the license rights granted herein.

Kaarme will not and cannot censor or edit the content of any third-party site. By using the Web Site, you expressly relieve Kaarme from any and all liability arising from your use of any third-party web site and their business practices, privacy policies, or content.

This site is not to be used by children under the age of 14. Any user profiles of child talent under the age of 14 must be approved, entered, maintained and managed by a parent, guardian or authorized legal agent.

Kaarme hereby grants you permission to use the Web Site as set forth in this Terms of Service, provided that you will not copy or distribute any part of the Web Site in any medium without Kaarme’ prior written authorization, and you will comply with the terms and conditions of these Terms of Service.

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Kaarme without restriction.

As a condition of your use of this Web Site, you agree that you will not use the Web Site for any purpose that is unlawful or prohibited by these Terms of Service. You may not use this Web Site in any manner that could damage, disable, overburden, or impair any Kaarme’ server, or the network(s) connected to any Kaarme’ server, or interfere with any other party's use and enjoyment of the Web Site. You may not attempt to gain unauthorized access to the Web Site, other accounts, computer systems or networks connected to any Kaarme’ server or the Web Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Web Site.

Kaarme reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Web Site (or any part thereof) with or without notice. You agree that Kaarme shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

The Web Site contains links to third party web sites that are not owned or controlled by Kaarme. Kaarme has no control over, and assumes no responsibility for or liability arising from the use, or the content, privacy policies, or practices of any third party web sites.

You agree that your use of the web site shall be at your sole risk. To the fullest extent permitted by law, Kaarme, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the web site and your use thereof. Kaarme makes no warranties or representations about the accuracy or completeness of this site's content or the content of any sites linked to this site and assumes no liability or responsibility for any

  A. Unauthorized access to or use of our secure servers
  B. Errors, mistakes, or inaccuracies of content,
  C. Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our web site.
  D. Transmission interruptions to or from our web site
  E. Viruses, trojan horses, or the like which may be transmitted to or through our web site by any third party.
  F. Errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Kaarme web site.
  G. Kaarme does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Kaarme web site or any hyperlinked web site or featured in any banner or other advertising, and Kaarme will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

Your User Account

If portions of the Web Site require you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You may also be asked to choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account. You agree to notify Kaarme immediately of any unauthorized use of your account or any other breach of security. Kaarme will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Kaarme or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

You agree to not use the Web Site to:

  a. upload, post, email, transmit or otherwise make available any User Submissions that are unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  b. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  c. forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Submissions transmitted through the Web Site;
  d. upload, post, email, transmit or otherwise make available any User Submissions that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  e. upload, post, email, transmit or otherwise make available any User Submissions that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  f. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  g. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  h. interfere with or disrupt the Web Site or servers or networks connected to the Web Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Web Site;
  i. intentionally or unintentionally violate any applicable local, state, national or international law; and/or
  j. "stalk" or otherwise harass another.

The Web Site permits user submissions. Kaarme does not guarantee the publication or confidentiality with respect to any submissions.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Kaarme to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Web Site and these Terms of Service; and (ii) you have the necessary consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Web Site and these Terms of Service. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Kaarme, you hereby unconditionally and without monetary compensation grant Kaarme a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable right and license to use, host, cache, route, transmit, store, copy, reformat, excerpt, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Web Site and Kaarme’ (and its successor's) business, including without limitation for promoting and redistributing part or all of the Web Site (and derivative works thereof) in any media formats and through any media channels. You hereby grant Kaarme a perpetual, non-exclusive, worldwide, royalty free license to use your name in connection with your User Submissions. This license gives Kaarme the right to display your User Submissions via streaming and/or downloading technologies via the internet or mobile communication devices for fee or no fee to the end user, and Kaarme reserves the right to display advertisements in connection with any display of your User Submissions. Notwithstanding the foregoing, Kaarme is not required to host, index, or display any User Submissions uploaded or otherwise provided to Kaarme, and may remove or refuse to host, index or display any User Submissions. Kaarme is not responsible for any loss, theft, intellectual property infringement or damages of any kind related to the User Submissions.

Kaarme does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Kaarme expressly disclaims any and all liability in connection with User Submissions. Kaarme does not permit copyright infringing activities and infringement of intellectual property rights on its Web Site, and Kaarme will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Kaarme reserves the right to remove Content and User Submissions without prior notice.

You acknowledge that Kaarme may or may not pre-screen User Submissions, but that Kaarme and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Submissions that is available via the Web Site. Without limiting the foregoing, Kaarme and its designees shall have the right to remove any User Submissions that violates the Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any User Submissions, including any reliance on the accuracy, completeness, or usefulness of such User Submissions. In this regard, you acknowledge that you may not rely on any User Submissions created by Kaarme or submitted to Kaarme, including without limitation information in Kaarme’ message boards and in all other parts of the Web Site. Kaarme further reserves the right to display User Submissions for marketing, promotional, and advertising purposes.

You acknowledge, consent and agree that Kaarme may access, preserve and disclose your account information and User Submissions if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any User Submissions violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Kaarme, its users and the public.

The content on the Web Site, except all User Submissions (as defined above), including without limitation, the text, software, scripts, graphics, photographs, sounds, videos, articles, and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Kaarme, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Web Site is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Kaarme reserves all rights not expressly granted in and to the Web Site and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein.

In no event shall Kaarme, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our web site, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our web site, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our web site by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Kaarme web site, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You specifically acknowledge that Kaarme shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from these activities rests entirely with you.

The Web Site is controlled and offered by Kaarme from its facilities in the United States of America. Kaarme makes no representations that the Web Site is appropriate or available for use in other locations. Those who access or use the Web Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Terms of Service, or your violation of any law or the rights of a third party.

Your correspondence or business dealings with, or participation in promotions of, advertisers or sponsors found on or through the Web Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or sponsor. You agree that Kaarme shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or sponsors on the Web Site.

You affirm that you either are at least 13 years of age, and are fully competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

YOU ARE NOT A REGISTERED SEX OFFENDER. Registered sex offenders are prohibited from using the Kaarme.com site.

Your continued use of this Web Site constitutes your acceptance of any revised Terms of Service.

Effective Date: March 2, 2009