Terms of service
1.1 In these Terms of Service:
- Means any content you submit or post to the Site for public display, such as links to content on third party websites, ratings, comments, photos, facts, and other similar types of information.
- Downstream Distributions
- Has the meaning attributed to it in clause 9.1.
- Intellectual Property Rights
- Means all intellectual property rights on a world-wide basis whether currently in existence or otherwise and whether vested or contingent including (without limitation) copyright (including foreign language translation rights), design rights, database rights, rights in any domain names, registered designs, patents, trade marks, trade names, signs and other designations provided the foregoing are of a proprietary nature and all similar rights whether registered or otherwise (including, without limitation, all extensions, reversions, revivals and renewals thereof). The above shall include, in relation to registrable rights, any applications made or rights to make applications in respect of any such rights.
- Registration Information
- Has the meaning attributed to it in clause 6.1.
- Means the people search and reputation management services that we provide via the Site.
- Means the kgbpeople website operated by us and located at kgbpeople.com.
- Site Content
- Means all content on the Site including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement.
- Third Party Sites
- Has the meaning attributed to it in clause 12.1.
- Third Party Applications, Software or Content
- Has the meaning attributed to it in clause 12.1.
- Means Centroid Media B.V. "Our" shall have a corresponding meaning.
- Means you, the user of the Site. "Your" shall have a corresponding meaning.
2.1 By accessing the Site, you are agreeing to be bound by these Terms of Service, all applicable laws and regulations, and you agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of the terms contained herein, you should immediately refrain from using or accessing the Site.
Limited Use License
3.1 You are granted a limited license to access and use the Site and the Site Content and to download or print one copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own Contributions, you may not upload or republish Site Content on any Internet, Intranet or Extranet Site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Service and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will automatically terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to Intellectual Property Rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause. Upon any such revocation you must immediately destroy any downloaded materials in your possession whether in electronic or printed format.
Restrictions on Use
Rules for Use of the Service
5.1 It is a condition of your use of the Site and the Service that you do not:
5.1.1 restrict or inhibit any other User from using or enjoying the Service;
5.1.2 post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation, any images or other material depicting nudity;
5.1.3 post or transmit comments containing harassing or offensive language, including sexual references, sexual nicknames, racial slurs, hate propaganda, hate mongering, swearing, or rude or deliberately offensive comments, or engage in disruptive activities online, including excessive use of scripts, sound waves, scrolling (repeating the same message over and over), or use of viruses, bots, worms or trojan horses;
5.1.4 post or transmit any information, software or other material that is fraudulent or violates or infringes the rights of others, including material that violates privacy or publicity rights, or infringes copyright, trademark or other proprietary rights, without first obtaining permission from the owner or right holder;
5.1.5 post or transmit any information, software or other material that contains a virus or other harmful component;
5.1.6 post or transmit content that encourages or provides instructional activities about illegal activities, including but not limited to terrorism, hacking, cracking or phreaking;
5.1.7 post, transmit or in any way exploit any information, software or other material for commercial purposes or that contains advertising, "junk mail," "spam," or "chain letters";
5.1.8 solicit other Users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get Users to join in legal or illegal schemes or plan or participate in scams involving other Users;
5.1.9 impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity;
5.1.10 resell, redistribute, broadcast or transfer the information or use the information derived from the Service in a searchable, machine-readable database;
5.1.12 disguise a file type to thwart our detection processes;
5.1.13 post or transmit any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; or
5.1.14 attempt to gain unauthorized access to other computer systems or networks connected to the Site or the Service. You agree that you will not use the Site or the Service, including the information provided therein and all related equipment, networks and network devices (specifically including Internet access) for any unlawful purpose. We, at our sole and absolute discretion, shall determine whether any information transmitted or received violates this provision. You may not use any material in connection with any site or other use that contains or is associated with information or content prohibited by this section.
6.1 Certain portions of our Site may require you to register in order to obtain certain functions of the Service. Registration is limited to one account per User. By registering for these services, you agree to: (a) provide true, accurate, current and complete information about yourself as requested by our registration process ("the Registration Information") and (b) maintain and update the Registration Information to keep it true, accurate, current and complete. In addition to other grounds for suspension or termination of your use of our Service, if you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that information you have provided is untrue, inaccurate, not current or incomplete, we have the right, in our absolute discretion, to suspend or terminate your access and refuse you any and all use of the Site and the Service.
Passwords and Security
7.1 Access to certain functions of the Service accessible through the Site requires you to choose a User name and password. If you do so, you are responsible for maintaining the confidentiality of your password and account and for logging out of your account at the end of each session. In selecting a User name, you agree that you will not (i) select or use a screen name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any person without their authorization; or (iii) use a screen name that is offensive to people of ordinary sensitivities, illegal, or infringing. You are fully responsible for all activities that occur under your password or account. You agree (a) to notify us immediately of any unauthorized use of your password or account or any other breach of security, and (b) to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
8.1 When using the Site and the Service, please be certain that anything you say does not compromise your personal safety. Do no provide your name, phone number postal or e-mail address, your password, or any other personally identifying information to people you do not know. Do not continue any conversation online that makes you feel uncomfortable.
9.1 You hereby grant us and our affiliates a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, fully sublicensable, and fully transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, incorporate into other works, display, perform, and otherwise exploit your Contributions for any purpose, including without limitation promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels now known or later developed ("Downstream Distributions").
9.3 You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your Contributions.
Responsibility for Your Contributions
10.1 You are solely responsible for your Contributions. You assume all risks associated with use of your Contributions, including any reliance on their accuracy, completeness or usefulness by others, or any disclosure by you of information in your Contributions that makes you personally identifiable. You hereby affirm, represent, and warrant that you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize us to use, your Contributions as described herein. You may not imply that your Contributions are in any way sponsored or endorsed by us.
10.2 Because you alone are responsible for your Contributions (and not us), you may expose yourself to liability if, for example, your Contributions violate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other Intellectual Property Rights or other proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
10.3 Communications posted through the Service are sometimes provided by Users such as you who are unaffiliated with us, and the User providing each such communication is solely responsible for the content thereof. This means that you and not we are entirely responsible for all communications that you upload, post email or otherwise transmit via the Service. In using the Service or receiving e-mail messages from members through the Service, you should not assume that such messages have been reviewed by us, that such communications contain correct information, or that the persons posting such communications have accurately identified themselves and/or their affiliation with any third party. You understand that by using the Service, you may be exposed to communications that are offensive, indecent, or objectionable. Under no circumstances will we be liable in any way for any communication including, but not limited to, liability for any errors or omissions in any communication, or for any loss or damage of any kind incurred as a result of the use of any communication posted, e-mailed, or otherwise transmitted via the Service.
Use of Your Contributions
11.1 We make no representations that we will not publish or otherwise use your Contributions in any way. We may or may not use your Contributions in our sole discretion. You understand that we do not guarantee any confidentiality with respect to your Contributions. We have no obligation to store or provide you with copies of your Contributions.
11.2 We reserve the right (but have no obligation) to remove or suppress Contributions from the Site at our sole discretion for any or no reason and without notice or liability of any kind, including without limitation, the suppression or removal of Contributions that we deem untrustworthy or in violation of these Terms of Service.
11.3 We and our licensees may display advertisements and other information adjacent to or included with your Contributions on the Site and any Downstream Distributions. You agree that you are not entitled to any compensation for any such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
Third Party Websites and Content
12.1 The Site indexes the content of and contains (or you may be sent through the Site or the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not controlled, investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Site to which you navigate from the Site or relating to any applications you use or install from the Site.
Intellectual Property Ownership
13.1 We own all rights in the Site Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate User review ratings, and all other elements and components of the Site excluding Contributions and third party content. We also own the Intellectual Property Rights associated with our Site Content, the Service and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of our Site Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service, the Site and our Site Content are retained by us.
13.2 No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission, except that the foregoing does not apply to your own Contributions that you legally post on the Site.
14.1 We reserve the right (but are under no obligation) to terminate or suspend your account or your ability to use the Site or the Service, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. Termination of your account may include: (i) removal of access to all offerings within the Service; (ii) deletion of your password and all related information, files and materials associated with or inside your account (or any part thereof), including your Contributions; and (iii) barring of further use of the Service. You agree that we shall not be liable to you or any third party for any termination of your account, or access to the Site, Service and Site Content, including your Contributions.
15.1 The service, the site and all site content are made available to you on an "as is" basis. We make no warranties, representations, or conditions of any kind, express, statutory or implied as to (1) the operation and functionality of the site, (2) the accuracy, integrity, completeness, quality, legality, usefulness, safety, and intellectual property rights of any of the site content, and (3) the service associated with the site or site content. We further disclaim all warranties, express, statutory, or implied, including, but not limited to, implied warranties of merchantability, merchantable quality, durability, fitness for a particular purpose and non-infringement.
15.2 We specifically disclaim all liability relating to your use of the site, services, and site content. Access to, and use of, the site, services, and site content are at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data resulting therefrom. We assume no liability for any computer virus or similar code that is downloaded to your computer from the site or in connection with the services.
15.3 Some jurisdictions do not allow the exclusion of certain warranties, representations, or conditions, the limitation or exclusion of implied warranties, or limitations on how long an implied warranty may last, so the above limitations may not apply to you. If you reside in such a jurisdiction, the above limitations shall apply to you to the fullest extent permitted under applicable law.
Limitation of Liability
16.1 You expressly understand and agree that we shall not be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses (even if we have been advised of the possibility of such damages), arising in connection with the site or the service or any linked site or use thereof or inability to use by any party, or in connection with any failure or performance, error, omission, interruption, defect, delay in operation or transmission, virus, network or system failure or resulting from: (i) the use or the inability to use the service; (ii) the timeliness or accuracy of service (iii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of any third party on the service; or (vi) any other matter relating to the service.
17.1 You agree to indemnify and hold us, our parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Site or the Service, (ii) your violation of the Terms of Service, or (iii) the infringement by you, or any third party using your account, of any Intellectual Property Rights or other right of any person or entity. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
19.1 We may modify these Terms of Service at any time. When any changes are made we will notify you by making a new copy of the Terms of Service available on this page and will indicate at the bottom of this page the date these terms were last revised. Any such modification will be effective upon our posting of new Terms of Service. Your continued use of the Site after any posted modification to the Terms of Service indicates your acceptance of the modification. Unless expressly stated otherwise by us, any new Service(s) or Site Content implemented after your initial access to the Site shall be subject to the Terms of Service.
20.1 These Terms of Service constitute the entire agreement with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether, electronic, oral or written, between us and the User. Headings used herein are for convenience only and shall not limit, control or add to the meaning of any term, provision or condition.
21.1 If any provision of these Terms of Service shall be held to be illegal, void, invalid or unenforceable under the laws of any jurisdiction, the legality, validity and enforceability of the remainder of these Terms of Service shall not be affected, and the legality, validity and enforceability of the whole of these Terms of Service shall not be affected in any other jurisdiction.
Governing Law and Jurisdiction
22.1 These Terms of Service and any claims relating to the Site and/or the Service shall be governed by the Laws of the Netherlands without regard to its conflict of law provisions and subject to the exclusive jurisdiction of the Courts in The Netherlands
These Terms of Service were last modified on August 18, 2010 and are effective immediately.