Kinsights Terms and Conditions

Effective November 1, 2011

Introduction

Welcome to the Internet site of Kinsights Inc., including Kinsights.com and other internet sites and apps. Kinsights and any and all entities that control, are controlled by, or are affiliated or under common control with, Kinsights are collectively referred to herein as "Service," "Site," "we," "us," or "our".

THESE ARE THE GENERAL TERMS AND CONDITIONS GOVERNING YOUR USE OF THIS WEBSITE AND OUR SERVICES. BY ACCESSING, USING OR SIGNING UP FOR THIS WEBSITE OR ANY OF OUR OTHER SERVICES, YOU AND OTHERS INCLUDED IN YOUR ACCOUNT ARE CONCLUDING A LEGALLY BINDING AGREEMENT BASED ON THESE TERMS WITH Kinsights INC. If you do not agree to any of these terms, including the Kinsights privacy notice, please do not use the Service.

Use of Content

All information, materials, functions and other content contained on Kinsights are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change the Kinsights site or delete Content or features at any time, in any way, for any or no reason.

Except as we specifically agree in writing, no Content from Kinsights may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of Kinsights, except that where Kinsights is configured to enable the download of particular Content, you may download a copy of such Content for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, and (b) do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use of any kind, "re-mailing" or high-volume or automated use of Kinsights is prohibited.

In the event that we offer downloads of software on Kinsights and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.

THE CONTENT AVAILABLE VIA THE WEB SITE IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER Kinsights NOR ITS SUPPLIERS OR USERS ARE ENGAGED IN RENDERING MEDICAL, COUNSELING, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE.

SUCH CONTENT IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT.

User Submissions

Most of the content on Kinsights is submitted by our users. We encourage you to take advantage of the many opportunities to interact with Kinsights users by posting and reading content and participating in online discussions.

You acknowledge that by using the Site, you may be exposed to content that you find objectionable, indecent or offensive or which is inaccurate, misleading or incomplete. We are not responsible for the accuracy, completeness or usefulness of any content, nor do we endorse such content. We do not verify the identity of people using our Site. You use the Site and the content at your own risk.

All content that you post to Kinsights must comply with these TOS. You take sole responsibility for all content that you post on the Site and the consequences of posting that content. You are responsible for obtaining all necessary rights to upload, post and distribute the content, including obtaining permission from any person shown in a photo that you upload or identified in any writing that you post. You agree that you will not upload, email, transmit, or otherwise make available any content that is:

  • threatening, defamatory, abusive, obscene, pornographic, or any material that would give rise to any civil or criminal liability under applicable law;
  • any materials that could infringe any copyright, trademark, publicity or privacy right or any other intellectual property right of any person or entity unless you have first received permission from the owner of those rights to use the materials;
  • any materials containing slurs, hate speech or which attack an individual or group on the basis of race, color, religion, national origin, or sexual preferences;
  • any materials that contain an email address, telephone number, street address, last name, or any other content or information that identifies a user;
  • any materials that constitute spam. Sending the same message multiple times or to multiple people will be treated as spam.

We permit advertising only in specified areas of the Site that are specifically designated for advertising.

By submitting content to the Site, you grant to Kinsights and its successors in business a perpetual, worldwide, royalty-free, and non-exclusive license to reproduce, distribute, modify, edit, display, adapt, create derivative works from and market and promote the content, for any commercial purposes, and in any medium now existing or hereinafter developed, and to use your name, likeness and any personal information you submit with the content without your prior approval or the payment of any compensation. You also grant each user of the Kinsights Site a non-exclusive license to access your content as permitted through the functionality of the Site and under these TOS.

Service

The Site may contain links to third party websites that are not owned or controlled by Kinsights. Kinsights has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Kinsights will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Kinsights from any and all liability arising from your use of any third-party website.

Accordingly, we encourage you to be aware when you leave the Site and to read the terms and conditions and privacy policy of each other website that you visit.

Privacy

We describe our current practices related to personally identifiable information collected through the Site in our Privacy Policy and that we may update our policies and practices from time to time at our sole discretion.

Payments

Kinsights requires a credit card to be on file for all paid accounts. Kinsights reserves the right to bill these accounts for services. It is solely up to the user to downgrade or terminate their account in order to terminate recurring charges. Kinsights reserves the right to terminate services to any delinquent account. There is a 14-day return policy for Kinsights services.

Kinsights may also resell third party services such as domain registrations. These services are provided by another company and Kinsights makes no guarantees or warranties on them. There are no refunds for domain registrations.

Indemnity

By accepting these Terms of Use, you agree to indemnify and otherwise hold harmless Kinsights, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of Kinsights; ii) unauthorized access to or alteration of your content or information with or through Kinsights, or iii) any other matter relating to Kinsights. Any business transactions which may arise between users from their use of Kinsights are the sole responsibility of the users involved, and we disclaim any and all responsibility for such transactions.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY EXCEED US $10.00.

Trademarks

Kinsights, the Kinsights logo, and other Kinsights logos and names are trademarks of Kinsights. You agree not to display or use these trademarks in any manner without our prior written permission.

The section titles of these Terms of Use are displayed for convenience only and have no legal effect. Please send any questions or comments, or report violations of these Terms of Use, to hello@kinsights.com.

Digital Millennium Copyright Act

It is our policy to respond to valid DMCA takedown notices of alleged copyright infringement. These notices must include all of the information below, as suggested by the U.S. Digital Millennium Copyright Act.

Our response to valid takedown notices may include removing the infringing material, and suspending subscriber accounts. We will also contact the owner of the affected material so that they may make a counter notification.

To file a notice of infringement with us, you must provide a formal communication (by regular mail or email) that includes the items specified below.

  • Identify in sufficient detail the copyrighted work that you believe has been infringed upon. This means a link to the original work or a description of what is being copied.
  • Identify the material that is infringing on the work in item #1. This means the link to a Kinsights URL with the material on it.
  • Provide your contact information, preferably email and phone number.
  • Include the statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
  • Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

Send this information to:

DMCA Complaints
Kinsights, Inc.
615 Grant Ave, Third Floor
San Francisco, CA 94108
hello@kinsights.com

Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and 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. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

Assignment

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

Applicable Law

This Agreement and the resolution of any dispute related to this Agreement or the Web Site shall be governed by and construed in accordance with the laws of California without giving effect to any principles of conflicts of law. Any legal action or proceeding between Kinsights and you related to the Agreement shall be brought exclusively in a court of competent jurisdiction sitting in San Francisco, California, United States, and you agree to submit to the personal and exclusive jurisdiction of such courts.