IMPORTANT—READ CAREFULLY AS IT TO CREATES A LEGALLY BINDING CONTRACT
The Site is designed to allow users to learn more about Keyin’s social platform service for researching medical simulation products and services (the “Keyin Platform”) and to allow registered users the ability to use the Keyin Platform.
If you have become a registered user of the Keyin Platform (a “Registered User”), you have agreed to also be bound by the terms contained in the Keyin Registered User Agreement, as amended from time to time and a copy of which can be reviewed at www.konsiderate.com/registered_user_agreement (the “RUA”).
All Registered Users (in addition to the obligations contained in the RUA) and all other persons accessing or using the Site or the Keyin Platform in any manner agree to the following:
You understand that the Site is available for your personal, non-commercial use only. You agree that no materials of any kind submitted by you (or on your behalf) to or via the Site will violate or infringe upon the rights of any third party, including copyright, trademark, publicity, privacy or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material and you (and not Keyin) shall be solely responsible for all materials submitted to the Site.
With respect to information that you may elect to submit though the Site, you agree to provide any additional information requested by Keyin, and that all information submitted by you to the Site was obtained by you through legal and ethical means.
You further agree not to harvest or collect email addresses or other contact information of members from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Site or for any other purpose. You further agree that you may not use Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair Site. In addition, you agree not to use the Site to:
You understand that by using the Site, you may be exposed to Content that you find to be offensive, indecent or objectionable. Under no circumstances will Keyin be liable in any way for any Content, including, but not limited to, for any 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 uploaded, posted, emailed, transmitted or otherwise made available via the Site. You agree and acknowledge that the information, ideas and opinions appearing on the Site do not necessarily reflect the views of Keyin.
All content on the Site, including but not limited to design, text, graphics, other files, and their selection and arrangement (the "Content"), are the proprietary property of Keyin, or its advertisers, partners or licensors, or registered members. All rights reserved. The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Keyin's prior written permission.
All trademarks, logos, trade dress and service marks on the Site are either trademarks of Keyin or its advertisers, partners or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Keyin.
YOU AGREE NOT TO REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE REDUCE ANY SOFTWARE OR ASSOCIATED CODE AVAILABLE ON OR THROUGH THE SITE(S) OR AVAILABLE THROUGH ANY SERVICE(S) OFFERED ON OR THROUGH THE SITES TO ANY HUMAN PERCEIVABLE FORM OR TO ANY FORM WHATSOEVER. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN OR CREATE DERIVATIVE WORKS BASED UPON ANY SUCH SOFTWARE, OR ANY PART THEREOF.
A. Keyin respects the intellectual property rights of others. If you believe your work has been copied or used in a way that constitutes copyright infringement, are aware of any infringing material on the Site, or believe any material on the Site infringes any other intellectual property right (including, without limitation, trademark rights and rights to publicity and privacy), please contact Keyin's designated copyright agent at the address listed below and provide the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) (a "DMCA Notice"):
(1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(2) Identification of the copyrighted work(s) that you claim to have been infringed;
(3) a description of where the material that you claim is infringing is located on the Site;
(4) your address, telephone number, and email address;
(5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
The designated copyright agent for Keyin is:
DMCA Compliance Officer
10291 Falling Needle Ave, Las Vegas, NV 89135
If you submit a DMCA Notice hereunder, you shall be deemed a "Complaining Party" for purposes of this Agreement. Please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed. Moreover, this procedure is exclusively for notifying Keyin that your intellectual property rights have been infringed.
B. Upon receipt of a written DMCA Notice containing the information as outlined above, Keyin shall:
(1) Remove or disable access to the material that is alleged to be infringing;
(2) Forward the written DMCA Notice to such alleged infringer ("Alleged Infringer");
(3) Take reasonable steps to promptly notify the Alleged Infringer that it has removed or disabled access to the material.
C. Pursuant to 17 U.S.C. § 512 et. al, an Alleged Infringer may provide Keyin's designated copyright agent with a counter notice objecting to the Complaining Party's allegations and Konsiderate's removal of the alleged infringing material (a "Counter DMCA Notice"). To be effective, a Counter DMCA Notice must be a written communication provided to Konsiderate's designated copyright agent that includes substantially the following:
(1) A physical or electronic signature of the Alleged Infringer;
(2) 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 access to it was disabled;
(3) A statement under penalty of perjury that the Alleged Infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
(4) The Alleged Infringer's name, address, and telephone number, and a statement that the Alleged Infringer consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Alleged Infringer's address is outside of the United States, for any judicial district in which the Konsiderate may be found, and that the Alleged Infringer will accept service of process from the person who provided the DMCA Notice or an agent of such person.
D. Upon receipt of a Counter DMCA Notice containing the information as outlined in 1 through 4 above, Keyin shall:
(1) Promptly provide the Complaining Party with a copy of the Counter DMCA Notice;
(2) Inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days;
(3) Replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter DMCA Notice, provided Konsiderate's Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Alleged Infringer from engaging in infringing activity relating to the material on Konsiderate's network or system.
This Site may contain links to other websites (the "3rd for the content, accuracy or opinions expressed in any 3rd investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked site (to 3rd Party Source or otherwise) on the Site does not imply approval or endorsement of the linked site by Keyin. If you decide to leave the Site and access these third-party sites, you do so at your own risk. Party Sources"). Keyin is not responsible Party Source, and such 3rd Party Source are not. Moreover, your use of each 3rd Party Sources. If there is any conflict between the terms set forth in this Agreement and any of the 3rd terms or notices set forth on any other 3rd your use of that 3rd understand all of the terms that will apply.
You are solely responsible for you interactions with others on the Site, including members that may post content via the Site (the “Member Content”) or advertisers that may advertise on the Site. Keyin reserves the right, but has no obligation, to monitor disputes between you and other members and advertisers. You will not hold Keyin responsible for advertisers, other members or other users' actions or inactions, including things Site members and/or advertisers post or offer, including without limitation any Member Content. You acknowledge that Keyin is solely a facilitator and promoter of information provided to it by its members. Keyin is not involved in the actual development of the submitted Member Content and have detrimentally relied on the representations made by you under the terms of this Agreement and other users of the Site (under this Agreement and/or each relevant RUA) in order to provide the Site to the public. We have no control over and do not guarantee (a) the truth or accuracy of any advertisements, Member Content, or other content posted on the Site or (b) any advertiser will actually complete a transaction with you at all or to your satisfaction. If you have a dispute with one or more users of the Site or any Site advertiser, you release Keyin (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
Keyin is not responsible for any incorrect or inaccurate content posted on the Site or accessed via a link from the Site, whether caused by members of the Site or Site advertisers or by any of the equipment or programming associated with or utilized in the offering of the Site. Keyin is not responsible for the conduct of any user or member of the Site or Site advertiser.
The Site may be temporarily unavailable from time to time for maintenance or other reasons. Keyin assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. Keyin is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to your computer, mobile phone, tablet or other equipment related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Site.
THE SITE, THE KEYIN SERVICE, AND ALL RELATED KEYIN CONTENT ARE PROVIDED "AS-IS" AND KEYIN DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. KEYIN CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE OR THE KEYIN SERVICE AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU FULLY ASSUME ALL RISKS ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE KEYIN SERVICE.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711): KEYIN MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITES.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL KEYIN BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ALSO LOST PROFITS ARISING FROM YOUR USE OF THE SITE OR THE KONSIDERATE SERVICE, EVEN IF KONSIDERATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN AND TO THE FURTHEST EXTENT PERMITTED BY APPLICABLE LAW, KEYIN'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF $75.00 OR THE AMOUNTS PAID BY YOU TO KEYIN FOR YOUR USE OF THE SITE.
This agreement and performance under this agreement shall be governed by the laws of the State of California and the validity, interpretation and effect shall be governed by the laws of California applicable to contracts executed and performed wholly therein. The Federal and State courts within California shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement. Each party hereto expressly consents to the personal jurisdiction of, and venue in, such courts.
You agree to indemnify and hold Keyin, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Site in violation of this Agreement or your violation of any law or the rights of a third party.
All Registered Users and other persons that have transmitted any data on or through the Site represent and have represented that they are at least 18 years of age; unless, in the case such person is under the age of eighteen (18) (a) such person’s parent and/or guardian consented to the terms of this Agreement and/or (b) such person’s registration and membership to the Site. Notwithstanding the foregoing, you must be fourteen (14) years of age or older to access any portion of the Site and if you are under fourteen (14) years of age you are not allowed to provide Keyin any personally identifiable information. You acknowledge if you provide Keyin any personally identifiable information and are under the age of fourteen (14), Keyin will make every effort to destroy/delete that information.
If you are a parent of a minor that has accessed this Site in violation of the terms of this Agreement, please contact us immediately at firstname.lastname@example.org in order to allow us to terminate your child's membership and remove all information provided by your child to the Site to the best of our ability.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding your use of the Site, and with respect to online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. You assume full responsibility for compliance with all local, state and national laws and agree to indemnify and hold Keyin harmless for any violation of any such law arising out of or related to your use of the Site.