Terms of Service
Welcome to Konspectus.com! Konspectus™ is a web-based, collaborative multi-user interactive learning tool designed for college and high school students and their professors. The Konspectus online portal allows users to store and access outlines, conduct research and use word processing tools to draft, publish and share their writing assignments.
The Konspectus website is comprised of various web pages and software products, data feeds and services provided to you by or through the Konspectus website (collectively “the Service"), by Konspectus, LLC, which are offered to you conditioned on your acceptance, without modification, of the terms, conditions and notices contained herein (the “Terms”). Your use of Konspectus constitutes your agreement of all such Terms. Please read these Terms carefully and keep a copy for your reference. If you do not agree to any of these Terms, please DO NOT use the Service.
1) Terms of Service
A) These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, videos, audiovisual combinations, and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of Konspectus, including but not limited to all products, software and services offered via the Konspectus website.
B) The Service may contain links to third party websites that are not owned or controlled by Konspectus. Konspectus has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Konspectus will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Konspectus from any and all liability arising from your use of any third-party website.
C) Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.
2) Privacy
Your use of the Service is subject to Konspectus’ Privacy Policy. Please review of Privacy Policy at www.konspectus.com/privacy which also governs the Services and informs users of our data collection practices.
3) Electronic Communications
Visiting the Site or sending emails to Konspectus constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically via email and on the Site satisfy any legal requirements that such communications be in writing.
4) Eligibility
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 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
5) Konspectus Accounts
A) In order to access some features of the Service, you will have to create a Konspectus or Facebook account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Konspectus immediately of any breach of security or unauthorized use of your account.
B) In order to access some features of the Service, you will have to create a Konspectus or Facebook account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Konspectus immediately of any breach of security or unauthorized use of your account.
C) Although Konspectus will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Konspectus or others due to such unauthorized use.
D) You can help ensure that your contact information and preferences are accurate, complete, and up to date by logging in to your account on Konspectus’ website. For other personal information, we make good faith efforts to provide you with access so you can request that we correct the data if it is inaccurate or delete the data if Apple is not required to retain it by law or for legitimate business purposes. We may decline to process requests that are unreasonably repetitive, require disproportionate technical effort, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law. Access, correction, or deletion requests can be made to the regional Privacy email addresses.
6) No Unlawful or Prohibited Use/Intellectual Property Rights
A) You are granted a non-exclusive, non-transferrable, revocable worldwide license of Konspectus, strictly in accordance with these Terms. Because Konspectus leverages shared ideas through the Service, this license allows you to create, access, use, modify, reproduce, store, create derivative works; such as those resulting from sharing outlines or notes, adaptations or other changes Konspectus may make so that your content is available within the Service, communicate, publish, display and distribute such content. By accepting these Terms, you give your permission for Konspectus to do what is required to provide the Service to you. As a condition of your use of the Service, you warrant to Konspectus that you will not use the Service for any purpose that is unlawful or prohibited by these Terms. You may not use the Service in any manner which could damage, disable, overburden, impair the Service or interfere with any other party’s use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service.
B) All content included as part of the Service, such as text, graphics, logos, images as well as the compilation thereof (the “Content”), and any software accessed is the property of Konspectus, LLC and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
C) You agree not to distribute in any medium any part of the Service or the Content without Konspectus’ prior written authorization, unless Konspectus makes available the means for such distribution through functionality offered by the Service.
D) You agree not to alter, modify, transmit, reverse engineer, participate in transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part, related to the Service. Konspectus’ Content is not for resale. Your use of the Service does not entitle you to make any unauthorized use of any protected Content, and in particular you will not delete or alter any proprietary rights or attribution notices in any Content. You will use protected Content solely for your personal use; and will make no other use of the Content without the express written consent of Konspectus. You agree that you do not acquire any ownership rights in any protected Content. We do not grant you any licenses, express or implied, to the intellectual property of Konspectus except as expressly authorized by these Terms.
E) You agree not to access Content through any technology or means other than the Service itself via the Konspectus website, or other explicitly authorized means Konspectus may designate.
F) You agree not to use the Service for any of the following commercial uses unless you obtain Konspectus’ prior written approval:
i. the sale of access to the Service;
ii. the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
iii. the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from Konspectus appears on the same page and is of sufficient value to be the basis for such sales.
G) If you use the Service, you agree that Konspectus may automatically release updates from time to time. These updates are designed to improve, enhance and further develop the Service and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Konspectus to deliver these to you) as part of your use of the Service.
7) Use of the Service, Content and Code of Conduct
A) As a Konspectus account holder you may submit Content to the Service, including outlines, papers and notes. You understand that Konspectus does not guarantee any confidentiality with respect to any Content you submit.
B) You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Konspectus all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
C) For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Konspectus, you hereby grant Konspectus a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Konspectus’ (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any formats and through any channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in outlines, papers and notes you submit are perpetual and irrevocable.
D) You further agree that Content you submit to the Service will not contain third party copyrighted material without using the proper citations and references, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Konspectus all of the license rights granted herein.
E) You further agree that you will not submit to the Service any Content or other material that is contrary to the Konspectus Community Guidelines, currently found at http://www.konspectus.com/guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations. The Service may contain chat areas, news groups, forums, communities, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
F) By way of example, and not as a limitation, you agree that when using a the Service, you will not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload or distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; create or upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, advertise or offer to sell or buy any goods or services for any business purpose, unless the Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of the Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other use from using and enjoying the Services; violate any code of conduct or other guidelines which may be applicable for any particular Service; harvest or otherwise collect information about others, including email addresses, without their consent; violate any applicable law or regulations.
G) Konspectus does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Konspectus expressly disclaims any and all liability in connection with Content. Konspectus does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Konspectus will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Konspectus reserves the right to remove Content without prior notice.
8) Digital Millennium Copyright Act
A) If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
iv. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
B) Konspectus’ designated Copyright Agent to receive notifications of claimed infringement is Konspectus, LLC, 8180 Corporate Park Drive, Suite 140, Cincinnati, OH 45242, email: copyright@konspectus.com, fax: 513-469-2223. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Konspectus customer service. You acknowledge that if you fail to comply with all of the requirements of this Section 11(B), your DMCA notice may not be valid.
9) International Users
The Service is controlled, operated and administered by Konspectus from our offices within the USA. If you access the Service from a location outside of the USA, you are responsible for compliance with all local laws. You agree that you will not use the Content accessed through the Service in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
10) Liability Disclaimer and Limitation of Liability
A) THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICE MAY INCLUDE INACCURACIES, OR TYPOGRAPHICAL ERRORS. YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, KONSPECTUS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. KONSPECTUS MAKES NO WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, AS TO ANY PARTICULAR RESULTS THAT YOU MAY ATTAIN OR ACHIEVE AS A RESULT OF YOUR USE OF THE SERVICE, OR ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE.
B) IN NO EVENT SHALL KONSPECTUS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FORM ANY(I) ERRORS, OMMISSIONS, MALFUNCTIONS, MISTAKES, OR INACCURACIES OF CONTENT OR THE SERVICES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (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 SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES 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 THE USE OF ANY CONTENT CREATED, POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. KONSPECTUS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, AND KONSPECTUS 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. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
C) IN NO EVENT SHALL KONSPECTUS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY CLAIMS THAT WORK PRODUCT CREATED IN KONSPECTUS WILL BE FREE FROM PLAGIARISM. YOU ARE ULTIMATELY RESPONSIBLE FOR THE CONTENT OF YOUR ASSIGNMENTS.
D) YOU SPECIFICALLY ACKNOWLEDGE THAT KONSPECTUS SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
11) Indemnification
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Konspectus, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Service.
12) Termination/Access Restriction
Konspectus reserves the right, in its sole discretion, to terminate your access to the Service and any related services and any portion thereof, at any time, without notice. Konspectus reserves the right to decide whether Content violates these Terms for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or foul language. Konspectus may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms, or if the user is determined to be a repeat infringer.
13) Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Konspectus without restriction.
14) General
You agree that: (i) the Service shall be deemed solely based in Ohio; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over Konspectus, either specific or general, in jurisdictions other than Ohio. These Terms of Service shall be governed by the internal substantive laws of the State of Ohio, without respect to its conflict of laws principles. Any claim or dispute between you and Konspectus that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Hamilton County, Ohio. These Terms, together with the Privacy Policy at http://www.konspectus.com/privacy/ and any other legal notices published by Konspectus on the Service, shall constitute the entire agreement between you and Konspectus concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and Konspectus’ failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
15) Notification and Updates to the Terms
A) Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version http://www.konspectus.com/terms). Konspectus, in its sole discretion, reserves the right to amend, modify or revise these Terms and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
B) Your use of the Service following any amendment of these Terms will signify your assent to and acceptance of its revised terms. YOU AND KONSPECTUS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
16) Contact Us
Konspectus welcomes your questions or comments regarding these Terms.
Konspectus, LLC
8180 Corporate Park Drive, Suite #140
Cincinnati, OH 45242
Email: terms@konspectus.com