konekme TERMS OF USE 1. ACCEPTANCE OF TERMS konekme provides a software as a service for organization development, (referred to hereafter as "the Service") subject to the following Terms of Use ("TOU"). By using the Service in any way, you are agreeing to comply with the TOU. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with konekme in any way, your only recourse is to immediately discontinue use of konekme. konekme has the right, but is not obligated, to strictly enforce the TOU through active investigation, litigation and prosecution. In using the service you agree that the owners of this web site exclusively reserve the right and can, at any time, without notice and any liability to you, change and/or discontinue the service or delete the data you provide or provided, either temporarily or permanently. konekme will have no responsibility or liability for the deletion or timeliness for failure to store, any inaccuracy, or proper delivery of information and/or data. 2. MODIFICATIONS TO THIS AGREEMENT We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. 3. CONTENT You understand that all data inputs transmitted through konekme are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, or otherwise make available via the Service. You understand that konekme does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. konekme makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in the service. 4. PRIVACY AND INFORMATION DISCLOSURE konekme has established a Privacy Policy to explain to users how their information is collected and used, which is located at the home page under privacy. Your use of the konekme website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that konekme may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOU; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of konekme, its users or the general public. 5. CONDUCT You agree not to post, or otherwise make available Content: a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; b) that is pornographic or depicts a human being engaged in actual sexual conduct. c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; d) that impersonates any person or entity, including, but not limited to, a konekme employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.); e) that includes personal or identifying information about another person without that person's explicit consent; f) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack ) to the Service, or that otherwise negatively affects other users' ability to use the Service; or g)Additionally, you agree not to: h) "stalk" or otherwise harass anyone; i) attempt to gain unauthorized access to konekme's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the konekme website. 6. ACCESS TO THE SERVICE konekme grants you a limited, revocable, nonexclusive license to access the Service for your own business or personal use. Use of the Service beyond the scope of authorized access granted to you by konekme immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from konekme. 7. TERMINATION OF SERVICE You agree that konekme, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if konekme believes that you have acted inconsistently with the letter or spirit of the TOU, or if konekme ceases its operations as a service. Further, you agree that konekme shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. 8. PROPRIETARY RIGHTS The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of konekme. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of konekme, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. konekme does not claim ownership of content that its users post, by posting Content to the service. 9. DISCLAIMER OF WARRANTIES YOU AGREE THAT USE OF THE konekme SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE konekme SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, konekme DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE konekme SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, konekme DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE konekme SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. 10. LIMITATIONS OF LIABILITY UNDER NO CIRCUMSTANCES SHALL konekme BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF konekme HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE konekme SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE konekme SITE OR THE SERVICE, FROM INABILITY TO USE THE konekme SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE konekme SITE OR THE SERVICE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you. 11. INDEMNITY You agree to indemnify and hold konekme, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another. 12. GENERAL INFORMATION The TOU constitute the entire agreement between you and konekme and govern your use of the Service, superceding any prior agreements between you and konekme. The TOU and the relationship between you and konekme shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and konekme agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara , California . The failure of konekme to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred. 13. VIOLATION OF TERMS AND LIQUIDATED DAMAGES Please report any violations of the TOU, by flagging the posting(s) for review, or by emailing to: info@konekme.com/index_konekme.php Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for konekme to pursue legal action to enforce these Terms, you will be liable to pay konekme the following amounts as liquidated damages, which you accept as reasonable estimates of konekmes' damages for the specified breaches of these Terms: a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay konekme five thousand dollars ($5,000) for each such message. This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures. b. If you post Content in violation of the TOU, other than as described above, you agree to pay konekme one hundred dollars ($100) for each Item of Content posted. In its sole discretion, konekme may elect to issue a warning before assessing damages. c. If you are a Posting Agent that uses the Service in violation of the TOU, in addition to any liquidated damages under clause (d), you agree to pay konekme one hundred dollars ($100) for each and every Item you post in violation of the TOU. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the "Principal"), and the Principal (by engaging the Posting Agent in violation of the TOU) agrees to pay konekme an additional one hundred dollars ($100) for each Item posted by the Posting Agent on behalf of the Principal in violation of the TOU. d. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without konekme's express written permission, you agree to pay konekme three thousand dollars ($3,000) for each day on which you engage in such conduct. Otherwise, you agree to pay konekme's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, konekme retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.